Input heard on gender participation policy

This week saw the legislature resume floor debate and consider several gubernatorial appointments and reappointments. The following people were confirmed this week: Jim Macy as director of the department of environment and energy, John Bolduc as the superintendent of the state patrol, John Hilgert as director of the department of veterans affairs, Jason Jackson as director of the department of administrative services and Sherry Vinton as director of the department of agriculture.

Additionally, I received notice that one of my bills, LB 765, will be heard before the Health and Human Services Committee on Feb. 22. This bill would clean up and clarify language and make changes to how the State Trauma Advisory Board and Department of Health and Human Services deals with state trauma rules and the four trauma care regions. The principal portion of the bill addresses the regional trauma advisory boards. Members of the state trauma board brought to my attention that these regional boards are largely redundant and they feel many of the duties and powers could be consolidated at the state level and replaced with regional committees. Their thought is that there could be greater voluntary participation and flexibility with a committee-type system when compared to the current board system.

Meanwhile, the Education Committee heard LB 575, which would adopt the Sports and Spaces Act. This legislation would limit the participation of K-12 student-athletes to school-sponsored teams intended for their “biological” sex. The bill would also prohibit policies allowing biological boys to use restroom or locker room facilities designated for biological girls and vice versa, with certain exceptions for coaches, authorized personnel and emergency personnel. LB 575 would supersede the Gender Participation Policy, adopted by the Nebraska School Activities Association, for sponsored athletics. The policy allows transgender student-athletes to participate in sports that match their gender identity.

The policy also allows cross-gender participation if girls do not have the same or comparable sport, following an application and approval process.

Several medical professionals, former coaches and current and former student-athletes testified in both support and opposition to this legislation. Many proponents of LB 575 testified this bill is necessary since boys and girls have distinct anatomical and physiological differences, thereby necessitating the need for legislation to maintain competitive equity for female athletes without the interference of male bodies.

In contrast, several opponents pointed to statistics from leading LGBTQ-oriented groups, such the Trevor Project, whose data shows LGBTQ youth are at a much higher risk of depression, anxiety, bullying and suicide.

Other opponents argued that since the NSAA already has a policy, LB 575 is unnecessary.

Prior to my time in the legislature, I have officiated high school and college basketball games in Nebraska, Iowa and South Dakota. In this state, I have refereed at high school state championships and been to schools as far west as Gordon and as far south as Syracuse. I will say that in my 39 years of officiating basketball, I have never met an athlete, coach or team who wants to play for second place. I have concerns that allowing biological males to participate in female sports could hurt the fairness of competition should this bill not pass and I want to ensure a level playing field for all in physical sports. For these reasons, I am a co-sponsor of this legislation.

Additionally, senators are beginning to designate priority bills. Sen. Slama prioritized LB 343 which would prohibit the State of Nebraska from engaging in contracts with entities that are boycotting Israel. Meanwhile, Sen. Dorn prioritized LB 562, which would transition Nebraska’s E10 base ethanol blend to E15. Beginning Jan. 1, 2024, fuel retailers would be required to offer E15 from at least 50% of their dispensers but could get a waiver in the event their infrastructure is incompatible.

I also want to remind everyone that the Legislature’s website http://www.nebraskalegislature.gov has a wealth of information on every bill, existing statutes, each senator, the agenda and much more.

The last few weeks of hearings have generated many contacts via email, phone and letters. I welcome and encourage you to keep these lines of communication open. Feel free to call my office anytime to 402-471-2801 or email me at [email protected]. My mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.