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Nebraska Legislature Faces Standoff Over Transgender Student Rights

Speaker of the House John Arch crosses his arms as a point of order is called during a final reading on LB574, the Let Them Grow Act, Tuesday, May 16, 2023, at the State Capitol in Lincoln, Neb

Last year objections to a Nebraska bill that sought to ban gender-affirming care for anyone under age 19 caused a significant slowdown in the Legislature's work. This year, supporters of a related bill waited until the end of the session to advance it for debate to prevent a repeat of the previous year's disruptions. However, this move still poses a threat to numerous bills that have yet to pass, with only five days remaining in the legislative session.

The bill in question, which was amended to ban gender-affirming surgery for minors and impose strict regulations on gender-affirming medications and hormones for minors, was the subject of a lengthy filibuster led by a senator. The bill eventually passed after being combined with a 12-week abortion ban and was signed into law, leading to an ongoing legal challenge.

A companion bill, Legislative Bill 575, known as the Sports and Spaces Act, was introduced to restrict transgender students' access to bathrooms, locker rooms, and sports teams based on their assigned gender at birth. Despite facing opposition, the bill was voted out of committee after being stalled for over a year.

Legislation passed banning gender-affirming surgery for minors with ongoing legal challenge.
Nebraska bill banning gender-affirming care faced objections and filibuster.
Companion bill restricting transgender students' access to facilities advanced after a year.

The bill's author named it a priority for the session, prompting a promise of further filibustering if it is brought up for debate. The bill received support from the state's Attorney General, who stated that it does not violate equal protection under the law.

The ongoing debate has highlighted divisions among lawmakers, with accusations of pushing wedge issues and inconsistencies in government intervention in private matters. A recent poll revealed concerns among public K-12 teachers regarding the impact of national debates on their ability to teach and the influence of state governments on school curricula.

In response to the bill, the Speaker of the Nebraska Legislature announced a shortened debate time, citing the bill as a social wedge issue. Despite this, opposition remains steadfast, with a senator prepared to continue filibustering until the bill is no longer a threat.

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