Battle begins in Nebraska Legislature over bathrooms, sports and gender

LINCOLN, Neb. (KLKN) — A proposal limiting Nebraska students to teams and locker rooms that correspond with their sex assigned at birth drew a crowd on Monday.

Legislative Bill 575 is also known as the Sports and Spaces Act.

It was introduced by Sen. Kathleen Kauth earlier this session.

The bill prohibits students in K-12 athletics from participating in sports designated for the sex opposite of their sex assigned at birth.

“This bill does not discriminate against students based on their gender identity,” Kauth said. “The determinant of biological sex is applied equally to every student.”

A hearing before the Education Committee gathered a large crowd of supporters and opponents.

Supporters said it’s important to protect female athletes since they physically aren’t able to compete at the same level as males.

“By allowing biological males to compete alongside biological females, we would take away opportunity from females,” said Hannah Anderson, a student-athlete at the University of Nebraska at Kearney. “The integrity of women’s athletics would crack. Why would girls and women continue to be active in athletics if the opportunity to compete fairly did not exist?”

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But those in opposition say LB 575 would discourage transgender students from joining sports.

“All they want to do is fit in. It’s tough enough as it is,” said Louis Rens, who has a transgender daughter in school. “Please don’t support a bill that would take away a part of their high school experience and make it that much harder to fit in.”

There is an exception. Biological females could compete in sports intended for males if there are no other opportunities.

This measure also prohibits the sharing of restrooms and locker rooms, with certain exceptions for coaches, authorized personnel and emergency crews.

Those in support of the bill said it’s not safe to allow a biological male to use a girls’ locker room or restroom, or vice versa.

“Why is it fair that they share a space that is supposed to provide privacy and security to students who wish to change clothes or use the restroom?” asked Walker Hill, a student at Millard South High School.

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Those in opposition said this would further embarrass and encourage bullying of transgender kids.

One testifier against the bill, Aaron Burbach, spoke about his own experience when he was transitioning in high school.

“I was doing exactly what this bill would have required me to do, and I was nearly attacked for it,” Burbach said. “Do proponents of this bill plan on requiring students to make sure their hair and clothes are sufficiently masculine or feminine so they can use the bathroom safely? Or will they just rely on other students bullying them into submission? This bill puts a target on the backs of trans and gender-nonconforming children who are already at a much higher risk of experiencing violence.”