Bill defining male, female in state law for sports access passed after cloture vote

A measure that defines male and female in state law for purposes of access to interscholastic sports received final approval May 28.

LB89, introduced by Omaha Sen. Kathleen Kauth at the request of Gov. Jim Pillen, restricts participation in K-12 and postsecondary school sports to teams that correspond to a student’s sex as defined in the bill.

The measure defines a male as an individual who “naturally has, had, will have or would have, but for a congenital anomaly or intentional or unintentional disruption,” a reproductive system that at some point “produces, transports and utilizes sperm for fertilization.”

It defines females as individuals whose reproductive systems do the same, but with eggs.

Students will be required to provide confirmation of their sex through a document signed by a doctor or under the authority of a doctor in order to participate in a sport that is designated for a single sex. Female students may participate in sports designated for males if no female-only alternative exists. The act does not restrict participation in coed sports.

The measure will apply to private schools only if the school’s students or teams compete against a public school in an interscholastic sport or the school is a member of an athletic association.

LB89 requires the governing body of each school that is subject to it to adopt a policy implementing the act.

Omaha Sen. Megan Hunt offered a motion on final reading to recommit the bill to the Government, Military and Veterans Affairs Committee. After an hour of debate, Kauth offered a motion to invoke cloture, or cease debate and vote on the bill.

The motion prevailed 33-16 and lawmakers passed LB89 on a vote of 33-16.