Nebraska governor narrows definition of male and female

LINCOLN — In the latest chapter of Nebraska’s debate over transgender rights, Gov. Jim Pillen has signed an executive order narrowing the definition of male and female to be based solely on biological sex.

Pillen signed the executive order Wednesday, which he titled the “Women’s Bill of Rights,” dictating that males and females are defined specifically by their reproductive systems, and hinted at future legislation to restrict the participation of trans women in women’s athletics.

The executive order comes just a few days after former University of Kentucky swimmer Riley Gaines met with Pillen and other Nebraska officials to push for restrictions against trans athletes.

State Sen. Megan Hunt of Omaha, a vocal supporter of trans rights, blasted the executive order on Twitter Wednesday, calling it an “offensive and ridiculous proclamation.” She said the order puts Nebraska at risk of losing federal funding, which will in turn affect marginalized communities and people in crisis.

“I know Governor Pillen probably hates that fact that trans people would ever be protected or safe, but that’s how it works today and he’s putting Nebraskans in danger by continuing to make this group the entire focus of his ignorant and discriminatory agenda,” Hunt said.

Beyond the definitions of gender, Pillen’s order specifies that the terms “woman,” “girl” and “mother” refer to females, while “man,” “boy” and “father” refer to males. It also calls on any public school district or state agency that collects statistics to comply with anti-discrimination laws or for other reasons to identify individuals participating in the data set as either male or female at birth.

Pillen is just the second governor in the U.S. to enact such an order. The first to do so was Oklahoma Gov. Kevin Stitt, who signed his executive order earlier this month.

Pillen’s order takes effect immediately, but it will expire if legislation takes effect governing the “participation of biological males in female athletics.” This likely is a reference to Legislative Bill 575, the “Sports and Spaces Act,” which would restrict access to school bathrooms and locker rooms on the basis of biological sex and would add similar restrictions to most school sports teams. This would effectively ban trans youths from entering spaces or participating on teams they otherwise would based on their gender identity.

The bill, introduced by State Sen. Kathleen Kauth of Omaha, stalled in the Legislature earlier this year, but will likely see debate in the 2024 session. A similar Kauth bill, LB 574, did pass this year, and will restrict gender-affirming care for people under 19, and bans abortions at 12 weeks based on gestational age.

The introduction of LB 574 and LB 575 at the start of the year threw Nebraska into the mix of conservative states debating restrictions on trans rights, and the issue has remained a hotly contested issue ever since. Pillen has remained a firm supporter of these restrictions, and clarified in his executive order that biological males on average are “bigger, stronger and faster” than biological females, which warrants some separate “social, educational, athletic, and other” spaces for the sexes.

“It is common sense that men do not belong in women’s only spaces,” Pillen said in an email statement. “As Governor, it is my duty to protect our kids and women’s athletics, which means providing single-sex spaces for women’s sports, bathrooms, and changing rooms.”

Editor's Note: This story has been updated as of Aug. 31, 2024 to clarify Hunt's thoughts on the executive order.

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