Text of NE LB 89 (2025)

LEGISLATURE OF NEBRASKA ONE HUNDRED NINTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 89 Introduced by Kauth, 31; Andersen, 49; Clements, 2; Clouse, 37; DeKay, 40; Dorn, 30; Dover, 19; Hallstrom, 1; Hansen, 16; Hardin, 48; Holdcroft, 36; Ibach, 44; Lippincott, 34; Lonowski, 33; McKeon, 41; Murman, 38; Sanders, 45; Sorrentino, 39; Storer, 43; Storm, 23; Strommen, 47. Read first time January 10, 2025 Committee: A BILL FOR AN ACT relating to public health and welfare; to adopt the 1 Stand With Women Act; to provide for severability. 2 Be it enacted by the people of the State of Nebraska, 3 LB89 2025 LB89 2025 -1- Section 1. Sections 1 to 10 of this act shall be known and may be 1 cited as the Stand With Women Act. 2 Sec. 2. The Legislature finds and declares that: 3 (1) Males and females possess unique and immutable biological 4 differences that manifest prior to birth and increase as they age and 5 experience puberty; 6 (2) Biological differences between the sexes are enduring and may, 7 in some circumstances, warrant the creation of separate social, 8 educational, athletic, or other spaces in order to ensure safety and to 9 allow members of each sex to succeed and thrive; 10 (3) Physical differences between males and females have long made 11 separate and sex-specific sports teams important so that female athletes 12 can have equal opportunities to compete in sports while reducing the risk 13 of physical injury; 14 (4) Physical advantages for males relevant to sports include, on 15 average, a larger body size with more skeletal muscle mass, a lower 16 percentage of body fat, and a greater maximal delivery of anaerobic and 17 aerobic energy; 18 (5) Even at young ages, males typically score higher than females on 19 cardiovascular endurance, muscular strength, muscular endurance, and 20 speed and agility. These differences become more pronounced during and 21 after puberty as males produce higher levels of testosterone. On average, 22 male athletes are bigger, faster, stronger, and more physically powerful 23 than their female counterparts. This results in a significant sports 24 performance gap between the sexes; 25 (6) Studies have shown that the benefits that natural testosterone 26 provides to male athletes are not significantly diminished through the 27 use of testosterone suppression. Testosterone suppression in males does 28 not result in a level playing field between male and female athletes; 29 (7) Because of the physical differences between males and females, 30 having separate athletic teams based on the biological sex of the athlete 31 LB89 2025 LB89 2025 -2- reduces the chance of injury to female athletes, promotes equality 1 between the sexes, provides opportunities for female athletes to compete 2 against their female peers rather than against male athletes, and allows 3 female athletes to compete on a fair playing field for scholarships and 4 other athletic accomplishments; 5 (8) Providing for separate restrooms and locker rooms for females 6 and males advances the important governmental objective of protecting the 7 privacy of individuals and shielding students' bodies from the opposite 8 sex; and 9 (9) Inconsistencies in court rulings and policy initiatives with 10 respect to the definitions of sex, male, female, man, and woman have led 11 to endangerment of single-sex spaces and resources, necessitating 12 clarification of certain terms. 13 Sec. 3. For purposes of the Stand With Women Act: 14 (1) Athletic association means a corporation, association, or 15 organization which has as one of its primary purposes the sponsoring or 16 administration of extracurricular interscholastic athletic contests or 17 competitions; 18 (2) Boy means an adolescent human male; 19 (3) Designate means to post signage at or near the entrance to the 20 restroom or locker room that is readily visible and states that the 21 restroom or locker room is either for use by females or for use by males; 22 (4) Female means a person whose biological reproductive system is 23 organized around the production of ova. Female includes a woman and a 24 girl; 25 (5) Girl means an adolescent human female; 26 (6) Male means a person whose biological reproductive system is 27 organized around the production of sperm. Male includes a man and a boy; 28 (7) Man means an adult human male; 29 (8) Postsecondary educational institution means a public or private 30 university, college, or community college located in Nebraska that is a 31 LB89 2025 LB89 2025 -3- member institution of an accrediting body recognized by the United States 1 Department of Education; 2 (9) School means any (a) public, private, denominational, or 3 parochial school offering instruction in elementary or high school grades 4 or (b) postsecondary educational institution; 5 (10) State agency means any department, agency, board, bureau, or 6 commission of the state or any other entity whose primary function is to 7 act as an instrumentality or agency of the state; and 8 (11) Woman means an adult human female. 9 Sec. 4. (1) The governing body of a school shall designate each 10 group restroom and locker room within each school building as either for 11 use by females or for use by males. 12 (2) Except as provided in subsections (3) and (4) of this section, 13 the governing body of a school shall not: 14 (a) Allow a male to use a restroom facility designated for use by 15 females; 16 (b) Allow a female to use a restroom facility designated for use by 17 males; 18 (c) Allow a male to enter or use a locker room designated for and 19 being used at such time by one or more females; or 20 (d) Allow a female to enter or use a locker room designated for and 21 being used at such time by one or more males. 22 (3) This section shall not apply to: 23 (a) An individual entering a restroom under the following 24 circumstances: 25 (i) Entrance for custodial, maintenance, or inspection purposes; or 26 (ii) Entrance to render emergency assistance; or 27 (b) A parent or caregiver bringing a minor child or an individual 28 with a disability that is of the opposite sex of such parent or caregiver 29 into a restroom designated for such parent's or caregiver's biological 30 sex. 31 LB89 2025 LB89 2025 -4- (4) This section shall not apply to an individual entering a locker 1 room under the following circumstances: 2 (a) Entrance for custodial, maintenance, or inspection purposes; 3 (b) Entrance to render emergency assistance; or 4 (c) Entrance by a coach, athletic trainer, or other authorized 5 official or school employee. 6 (5) The governing body of a school or any school official or 7 employee of a school shall not retaliate against any person for reporting 8 a violation of this section or related rules, regulations, or policies. 9 Sec. 5. (1) An interscholastic or intramural athletic team or sport 10 that is sponsored by a school or athletic association shall be expressly 11 designated as one of the following based on biological sex: 12 (a) Males, men, or boys; 13 (b) Females, women, or girls; or 14 (c) Coed or mixed. 15 (2)(a) An interscholastic or intramural athletic team or sport 16 sponsored by a school or athletic association and designated for females, 17 women, or girls shall not be open to a male student. 18 (b) An interscholastic or intramural athletic team or sport 19 sponsored by a school or athletic association and designated for males, 20 men, or boys shall not be open to a female student unless there is no 21 female team offered or available for such sport for such female student. 22 (3) Nothing in this section shall be construed to restrict the 23 eligibility of any student to participate in any interscholastic or 24 intramural athletic teams or sports designated as coed or mixed. 25 Sec. 6. A government entity, licensing or accrediting organization, 26 or athletic association shall not entertain a complaint, open an 27 investigation, or take any other adverse action against a school for 28 maintaining any separate interscholastic or intramural athletic team or 29 sport for female students. 30 Sec. 7. (1) The governing body of each school shall adopt a policy 31 LB89 2025 LB89 2025 -5- implementing the Stand With Women Act. 1 (2) If the Commissioner of Education determines that any school 2 district as defined in section 79-101 has intentionally refused, in a 3 material manner, to comply with the Stand With Women Act, the 4 commissioner shall notify the school district of the noncompliance and 5 allow the school district a reasonable time to comply. If the 6 commissioner determines, after such time has elapsed, that the school 7 district is not in compliance and has not made a good-faith attempt to 8 comply, the commissioner shall take appropriate remedial action within 9 the commissioner's authority, up to and including qualifying such 10 noncompliance as a violation of the rules and regulations for the 11 accreditation of schools. 12 Sec. 8. Each state agency in the adoption and promulgation of 13 administrative rules and regulations, the enforcement of administrative 14 decisions, and the adjudication of disputes by administrative agencies 15 shall define a person's sex as such person's biological sex, meaning 16 either a male or female. 17 Sec. 9. (1) A state agency shall designate each group restroom 18 within any facility operated or used by such state agency as either for 19 use by females or for use by males. 20 (2) Except as provided in subsection (3) of this section, no state 21 agency shall: 22 (a) Allow a male to use a restroom facility designated for use by 23 females; or 24 (b) Allow a female to use a restroom facility designated for use by 25 males. 26 (3) This section shall not apply to: 27 (a) An individual entering a restroom under the following 28 circumstances: 29 (i) Entrance for custodial, maintenance, or inspection purposes; or 30 (ii) Entrance to render emergency assistance; or 31 LB89 2025 LB89 2025 -6- (b) A parent or caregiver bringing a minor child or an individual 1 with a disability that is of the opposite sex of such parent or caregiver 2 into a restroom designated for such parent's or caregiver's biological 3 sex. 4 Sec. 10. An individual born with a diagnosis of a disorder or 5 difference in sex development shall have the relevant legal protections 6 and accommodations afforded under the federal Americans with Disabilities 7 Act of 1990, as amended. 8 Sec. 11. If any section in this act or any part of any section is 9 declared invalid or unconstitutional, the declaration shall not affect 10 the validity or constitutionality of the remaining portions. 11 LB89 2025 LB89 2025 -7-

LEGISLATIVE BILL 89 Approved by the Governor June 4, 2025 Introduced by Kauth, 31; at the request of the Governor; Andersen, 49; Clements, 2; Clouse, 37; DeKay, 40; Dorn, 30; Dover, 19; Hallstrom, 1; Hansen, 16; Hardin, 48; Holdcroft, 36; Ibach, 44; Lippincott, 34; Lonowski, 33; McKeon, 41; Murman, 38; Sanders, 45; Sorrentino, 39; Storer, 43; Storm, 23; Strommen, 47; Meyer, 17. A BILL FOR AN ACT relating to public health and welfare; to adopt the Stand With Women Act; and to provide for severability. Be it enacted by the people of the State of Nebraska, Section 1. Sections 1 to 7 of this act shall be known and may be cited as the Stand With Women Act. Sec. 2. The Legislature finds and declares that: (1) Males and females possess unique and immutable differences that manifest prior to birth and increase as they age and experience puberty; (2) Differences between the sexes are enduring and may, in some circumstances, warrant the creation of separate social, educational, athletic, or other spaces in order to ensure safety and to allow members of each sex to succeed and thrive; (3) Physical differences between males and females have long made separate and sex-specific sports teams important so that female athletes can have equal opportunities to compete in sports while reducing the risk of physical injury; (4) Physical advantages for males relevant to sports include, on average, a larger body size with more skeletal muscle mass, a lower percentage of body fat, and a greater maximal delivery of anaerobic and aerobic energy; (5) Even at young ages, males typically score higher than females on cardiovascular endurance, muscular strength, muscular endurance, and speed and agility. These differences become more pronounced during and after puberty as males produce higher levels of testosterone. On average, male athletes are bigger, faster, stronger, and more physically powerful than their female counterparts. This results in a significant sports performance gap between the sexes; (6) Testosterone provides benefits in relation to athletic performance; (7) Studies have shown that the benefits that natural testosterone provides to male athletes are not significantly diminished through the use of testosterone suppression. Testosterone suppression in males does not result in a level playing field between male and female athletes; and (8) Because of the physical differences between males and females, having separate athletic teams based on the sex of the athlete reduces the chance of injury to female athletes, promotes equality between the sexes, provides opportunities for female athletes to compete against their female peers rather than against male athletes, and allows female athletes to compete on a fair playing field for scholarships and other athletic accomplishments. Sec. 3. For purposes of the Stand With Women Act: (1) Athletic association means a corporation, association, or organization which has as one of its primary purposes the sponsoring or administration of extracurricular interscholastic athletic contests or competitions; (2) Boy means an adolescent human male; (3) Female means an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. Female includes a woman and a girl; (4) Girl means an adolescent human female; (5) Male means an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. Male includes a man and a boy; (6) Man means an adult human male; (7) Postsecondary educational institution means a university, college, or community college located in Nebraska that is a member institution of an accrediting body recognized by the United States Department of Education; (8) Private school means any private, denominational, or parochial school offering instruction in elementary or high school grades; (9) Public school means any public school offering instruction in elementary or high school grades; (10) Sex means an individual's sex, either male or female; and (11) Woman means an adult human female. Sec. 4. (1) For an interscholastic athletic team or sport sponsored by a public school, a private school whose students or teams compete against a public school in an interscholastic sport, or a private school that is a member of an athletic association, the team or sport shall be expressly designated as one of the following based on sex: (a) Males, men, or boys; (b) Females, women, or girls; or LB89 2025 LB89 2025 -1- (c) Coed or mixed. (2)(a) For an interscholastic athletic team or sport sponsored by a public school, a private school whose students or teams compete against a public school in an interscholastic sport, or a private school that is a member of an athletic association, a team or sport designated for females, women, or girls shall not be open to a male student. (b) For an interscholastic athletic team or sport sponsored by a public school, a private school whose students or teams compete against a public school in an interscholastic sport, or a private school that is a member of an athletic association, a team or sport designated for males, men, or boys shall not be open to a female student unless there is no female team offered or available for such sport for such female student. (3) For an interscholastic athletic team or sport sponsored by a public postsecondary educational institution, a private postsecondary educational institution whose students or teams compete against a public postsecondary educational institution, or a private postsecondary educational institution that is a member of an athletic association, the team or sport shall be expressly designated as one of the following based on sex: (a) Males, men, or boys; (b) Females, women, or girls; or (c) Coed or mixed. (4)(a) For an interscholastic athletic team or sport sponsored by a public postsecondary educational institution, a private postsecondary educational institution whose students or teams compete against a public postsecondary educational institution, or a private postsecondary educational institution that is a member of an athletic association, a team or sport designated for females, women, or girls shall not be open to a male student. (b) For an interscholastic athletic team or sport sponsored by a public postsecondary educational institution, a private postsecondary educational institution whose students or teams compete against a public postsecondary educational institution, or a private postsecondary educational institution that is a member of an athletic association, a team or sport designated for males, men, or boys shall not be open to a female student unless there is no female team offered or available for such sport for such female student. (5) In order to participate in an interscholastic athletic team or sport that is designated for males, men, or boys or designated for female, women, or girls and that is sponsored by (a) a public school or a public postsecondary educational institution or (b) a private school or a private postsecondary educational institution subject to the Stand With Women Act, a student shall provide to such school or postsecondary educational institution confirmation of such student's sex on a document signed by a doctor or signed under the authority of a doctor. (6) Nothing in this section shall be construed to restrict the eligibility of any student to participate in any interscholastic athletic teams or sports designated as coed or mixed. Sec. 5. A government entity, licensing or accrediting organization, or athletic association shall not entertain a complaint, open an investigation, or take any other adverse action against a public or private school or a public or private postsecondary educational institution for maintaining any separate interscholastic athletic team or sport for female students. Sec. 6. The governing body of each public school and public postsecondary educational institution and each private school and private postsecondary educational institution subject to the Stand With Women Act shall adopt a policy implementing the Stand With Women Act. Such policy shall include provisions regarding the conduct of visitors and the public. Sec. 7. An individual born with a diagnosis of a disorder or difference in sex development shall have the relevant legal protections and accommodations afforded under the federal Americans with Disabilities Act of 1990, as amended. Sec. 8. If any section in this act or any part of any section is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions. LB89 2025 LB89 2025 -2-