Transgender health proposal continues to slow Legislature

A routine bill to allow members of the Nebraska Legislature to get paid became the latest filibuster target Tuesday, as lawmakers continued to shadow-box over transgender health treatments for young people.

In a normal year, the required budget bill to pay lawmakers’ salaries draws little or no debate. But this is not a normal year. As the Legislature began the 59th day of its 90-day session, senators have yet to pass a single bill. That’s largely due to Sen. Machaela Cavanaugh leading the charge on filibustering, slowing unrelated bills in protest over legislation that bans certain health treatments for transgender youth.

Tuesday, Cavanaugh’s target was the annual bill appropriating the money to pay senators’ $12,000 annual salary. She started out talking about that salary.

“Part of the problem with getting a representative body in the Legislature is the salary. It is a barrier to entry for everyday Nebraskans who might want to run for office. You have to have the financial means to do it,” Cavanaugh said.

Answering a question from Cavanaugh, Appropriations Committee Chair Sen. Rob Clements noted the salary is set by the state constitution, which would require a popular vote to amend.

“It needs to be a vote of the people to change the senator salaries,” Clements said, adding that he had voted against an increase the last time it was on the ballot, in 2012.

Cavanaugh then switched to talking about the bill at the root of her filibuster. LB574 prohibits puberty blockers, hormone treatments and surgery for youth under 19. The bill calls these treatments gender altering procedures, Medical groups call them gender affirming care. Cavanaugh’s voice rose as she used the example of breast surgery to argue that the bill discriminates against transgender youth, but not against cisgender young people.

“If you are a boy, and you want to live as a boy, and you have breast tissue, and you are under the age of 19, LB574 does not stop you from having that removed. If you are a girl, and you want to live as a girl, and you want to have breast implants or breast reduction surgery, LB574 does nothing to stop you. However, if you are born a girl and you want to live as a boy, then that surgery, that we allow for a boy and a girl that's under the age of 19, miraculously becomes illegal,” she declared.

Sen. Steve Erdman criticized Cavanaugh’s argument, as well as her heated tone.

“Sen. Cavanaugh, we hear you when you speak. You don't need to yell at us. But the point is, we don't agree. And these puberty blockers and things they’re doing to these young people are harmful. And those are irreversible.

Actually Dr. Daniel Rosenquist, president of the Nebraska Medical Association which opposes LB574, says the effects of puberty blockers are reversible.

Erdman also cited a legislative rule, which he suggested Cavanaugh and her allies were breaking by speaking about the transgender health bill, not the legislative salary bill, LB815, which was on the agenda.

“A member shall speak only when recognized and shall confine his or her remarks to a question before the Legislature today,” Erdman said. “The question is not LB574. The question is LB81. We've been doing this (talking about LB574) for nearly 60 days. It's time someone adhere to the rules,” he said.

That drew a fierce response from Sen. Jen Day.

“Yes, under Rule Two, Section Seven, it does say a member shall speak only when recognized and shall confine his or her remarks to the question before the Legislature. And I would say that's exactly what's happening because as of today, right now, the question before the legislature as it has been for the last 60 days is, are we going to continue to make the session about discriminating against trans kids and pretending like nothing is happening?” Day said.

After about six hours of debate, Cavanaugh withdrew her motions and amendments and allowed a vote on the salary bill, which advanced on a vote of 45-1.

Fierce debate on another subject is expected to continue Wednesday, as lawmakers take up first-round consideration of a bill to prohibit most abortions after about six weeks of pregnancy.