Senator introduces bill to place restrictions on transgender athletes

Senator Kathleen Kauth introduced a bill Friday to restrict transgender athletes in Nebraska schools and colleges to teams, locker rooms and bathrooms corresponding to their sex at birth.

Kauth’s bill (LB89) has 20 cosponsors and the backing of Gov. Jim Pillen. At a news conference, Pillen made his feelings clear.

“Suzanne and I have three granddaughters. Over my dead body are they going to have to someday wake up and have men, boys in their locker room space or compete against it, (sic),” Pillen said.

Pillen outlined his reasoning:

“It is incredibly important, because girls and women should have access to spaces where they are safe and secure, free from the pressure and the presence of biological males due to the potential of harassment or assault,” he said.

Kauth was asked if there have been problems with such harassment or assault in Nebraska.

“You know, here's the problem: Not a lot of people report it,” Kauth said. “As I've talked with people going door to door in my campaign, talking with different groups. I have talked with young women who have left their schools. I talked with a girl who was 15 when I talked with her, and when she was 14 in her high school, a boy was coming in and changing, and to hear a …15 year old girl almost crying, saying ‘It was so gross. I saw everything. I don't want to see that it was so gross.’ And when she told the adults in charge, she was chastised for not being kind.”

Sen. Megan Hunt, who has led opposition to Kauth’s legislation in previous years, criticized the latest proposal.

“This is a solution in search of a problem," Hunt said. "I don't think that we have any evidence of men competing on women's teams in Nebraska. And what this is really grounded in is discrimination and bigotry and hate, which the governor and senator Kathleen Kauth have made a cornerstone of their priorities for the last two years."

The Nebraska School Activities Association, which oversees school athletics, says it has received eight applications for participation in sports from transgender athletes since 2018. It did not provide any additional details, citing privacy concerns.

The proposed restrictions aren’t limited to athletic teams and locker rooms, but would also apply to restrooms for all students. Hunt also criticized that aspect of the bill.

“Sen. Kathleen Kauth and Governor Pillen want someone to be inspecting the genitals of children before they're allowed to play sports or use the bathroom," she said. "And I think that's sick and disgusting, and we need to get back to the real issues facing Nebraskans."

The news conference took place in the Capitol hearing room next to the governor’s office before a crowd of bill supporters. Among those speaking was Hannah Holtmeier, who objected to a trans woman joining her sorority at the University of Wyoming before Holtmeier transferred to UNL.

“We were called bigots, transphobic, homophobic, the list goes on, but since then, we've chosen to share our story and help women in similar situations across the country, because no woman should ever have to explain why it makes them uncomfortable to be in an intimate space with a man,” Holtmeier said.

In the hallway outside the hearing, about 50 protestors stood and initially chanted pro-trans slogans before being told to stop by the State Patrol.

The crowd then quieted down, but if the past is any guide, the proposal will engender more controversy as the session continues.

Kauth’s bill was one of four dozen introduced Friday, along with three proposed constitutional amendments. Among the bills was one (LB99) from Sen. Ashlei Spivey which would limit the use of restrictive housing for prison inmates to no more than 15 consecutive days. Spivey says keeping prisoners isolated from others is counterproductive.

“We know that the hours that someone has spent in isolation has absolute effects, not only on their mental health, but their well being, and what ideally should be a space …of rehabilitation, and it doesn't add to that,” Spivey said.

Bill introductions will continue when the Legislature resumes work Monday.

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