Trump disapproves so why did two GOP Nebraska lawmakers not vote for a transgender ban?

Legislation aiming to restrict Nebraska K-12 students from playing on sports teams or using bathrooms based on their sex at birth was narrowly blocked last week after two Republican state senators did not vote, arguing it would overlap with a current policy in place and could even bar parents from taking their young kids into public restrooms at sporting events.

Supported by Nebraska Gov. Jim Pillen, The Sports and Spaces Act aimed to restrict access to sports teams, bathrooms and locker rooms based on a student's gender assigned at birth. The bill failed to pass by two votes to override a filibuster, effectively killing any chance for it to become law this year. The outcome came as a surprise given that the state passed a ban on gender-affirming for transgender minors during the previous session.

During the floor debate, Republican Sens. Merv Riepe of Ralston and Tom Brandt of Plymouth expressed doubts about the bill's language, including its overlaps with the Nebraska State Activities Association (NSAA) Gender Participation Policy, which already has steps in place to address transgender athlete participation. The NSAA policy has been in place since 2016, but so far, only a small number of students (less than ten) have taken advantage of it.

"These students who are transgender and their families do not seek attention, but rather accommodation," Riepe said. "They have dreams, and they have lives that they want to live, and we need to help them to live that. The grand scheme is not to take a shower with your daughter or my granddaughter; they face all the challenges we face and many more."

After meeting with families with transgender kids and school superintendents in his district, Riepe said the bill addresses a "problem that does not exist," and these policies should be left up to the Nebraska State Board of Education.

Brandt also raised concerns about unfunded mandates in the legislation, questioning where the funds for extra restrooms, locker rooms, and chromosome tests would come from while the Legislature is attempting to cut property taxes.

"Where has this ever happened in Nebraska schools?" Brandt said. "I've listened for a long time, and yet I have to hear of one credible fact where this is a problem in Nebraska school districts. Give me the facts."

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State Sen. Kathleen Kauth of Omaha, the bill's sponsor, said the legislation was designed to protect women athletes and make sure certain opportunities, including scholarships, aren't taken away from them. The Republican lawmaker also introduced a ban on gender-affirming care for transgender minors last session, which passed along with a 12-week abortion ban.

"We need to put these protections into law so that girls are not forced to compete against boys and so that boys and girls are not forced to share the intimate space of a locker room or bathroom," Kauth said.

During his campaign, former President Donald Trump has increasingly used disparaging terms to describe transgender people and recommended nationwide bans on gender-affirming care for minors and their participation in school sports.

The presumptive Republican nominee has promised numerous anti-transgender policies if he wins a second White House term, including banning all federal agencies—including the military—from having programs that encourage sex or gender transition.

Bills restricting transgender people from using bathrooms that do not align with their gender assigned at birth have popped up across the country in recent years. Eleven states across the U.S. currently have these types of bathroom bans, and 25 have laws or regulations barring transgender youths from playing on sports teams that don't fit their gender at birth.

Other lawmakers, including Sen. Megan Hunt of Omaha, criticized the bill for being another vessel to discriminate against those who identify as LGBTQ+.

"It is not about protecting women, it's not about keeping women out of harm's way, it's about the danger and the power of the imagination of a bigot," Hunt said.

After the floor vote, Kauth said she was "disappointed" it didn't advance but plans to work with senators again at the next session to get the bill passed.

"This is too important an issue," Kauth told USA Today. "This isn't a one-and-done kind of thing."

This article originally appeared on USA TODAY: Nebraska transgender bathroom and sports ban fails