Nebraska joined the ranks of states that prohibit male-born athletes in female sports as Gov. Jim Pillen signed legislation Wednesday requiring students to compete based on biological sex.
The Republican governor approved Legislative Bill 89, dubbed the Stand with Women Act, which says that K-12 and collegiate sports designated for girls or women “shall not be open to a male student,” as defined by reproductive biology.
Mr. Pillen called the bill-signing an “absolute gigantic day in Nebraska.”
“This bill is really a big deal for our young people, for our kids, standing up for women,” Mr. Pillen said at the ceremony. “And it’s a big deal, standing up for the values of Nebraska that all of us believe in.”
Appearing with the governor were Sen. Kathleen Kauth, the bill’s sponsor, as well as Independent Women’s Voice ambassadors Riley Gaines and Payton McNabb, and University of Nebraska star athletes Rebekah Allick and Jordy Bahl.
“I don’t think there’s truthfully a more worthy cause than to be here in Lincoln today with you guys watching as Nebraska becomes the 28th state to protect women’s sports,” Ms. Gaines said. “Congratulations to Nebraskans across the state, to women across the state, all the work you did to put this over the finish line.”
Ms. Kauth, who also introduced the legislation in 2023, said she planned to revive her bill barring biological males from using female accommodations based on gender identity during the next legislative session.
“We were only able to get the athletic portion on, but I will be back next year bringing the bathrooms and the locker rooms,” Ms. Kauth said. “The work is not done. We’re going to continue.”
Condemning the bill-signing was the American Civil Liberties Union of Nebraska, which declared that “Nebraska’s trans youth deserve support.”
“They deserve to be included at school as who they are,” the organization said Wednesday on Bluesky. “They deserve so much better than this.”
The conservative Alliance Defending Freedom thanked Ms. Kauth and the Nebraska Family Alliance, saying that “Nebraska is right to ensure that female athletes of all ages have a fair and level playing field and protect the safety and dignity of women and girls.”
“By signing this legislation into law, Gov. Pillen is protecting Nebraskans for generations to come,” said ADF Legal Counsel Erica O’Connell.
Nebraska was surprisingly late to the party. Every other reliably red state passed legislation or enacted administrative regulations banning biological males from female sports, starting with Idaho in 2020.
Why took Nebraska so long? The hold-up can be traced to the state legislature, a unicameral, nonpartisan body comprised of 49 senators.
Unicameral rules require 33 votes to override a filibuster. The legislature does not officially recognize party affiliation, but from 2016-23, the chamber had just 32 Republicans.
In April 2024, however, Sen. Mike McDonnell changed his party affiliation from Democrat to Republican.
He was term-limited and unable to run for reelection. He was succeeded by a Democrat in November, but Republicans picked up the two seats they needed in other races to retain the supermajority.
The Stand with Women Act passed May 28 with 33 votes, exactly the number needed to overcome a filibuster.
In her remarks, Ms. Kauth thanked “the 32 other senators who helped with this bill and recognized it and said, yes, we will vote for it.”
“We can get nothing done on the floor of the legislature without 32 other people being willing to step up, and so I appreciate every single one of them,” said Ms. Kauth, a registered Republican.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.