Nebraska's 'Spaces and Sports Act' to protect women's sports fails after two Republicans abstain

A controversial bill in Nebraska that sought to restrict access to bathrooms and sports teams based on biological sex at schools failed to advance on Friday after two Republican state senators abstained from voting, despite initially signaling support for the legislation.

The bill, dubbed the "Spaces and Sports Act," fell short of the 33 votes needed in Nebraska's unicameral legislature to overcome a cloture motion and proceed to a final vote. The tally stood at 31-15, with Republican state Sens. Tom Brandt and Merv Riepe abstaining, even though they had previously signed on as co-sponsors of the measure.

Introduced by state Sen. Kathleen Kauth, the proposed law would have defined male as someone with XY chromosomes and male anatomy, and female as someone with XX chromosomes and female anatomy. It stipulated that schools should designate bathrooms and locker rooms for use by either biological females or biological males, and that athletic teams or sports designated for females, women, or girls shall not be open to biological male students.

Kauth argued that the legislation was necessary due to the "significant sports performance gap between the sexes," asserting that allowing biological males to compete on women's sports teams presented "a significant barrier for female athletes to compete in sports."

However, the bill faced fierce opposition from Democrats, who denounced it as bigoted and bullying toward students. "This is not about protecting women," Sen. Megan Hunt said. "It's about the danger and the power of the imagination of a bigot, Sen. Kauth, and those who would support a bill like this."

The Nebraska Freedom Coalition, a conservative group, criticized Brandt and Riepe for their abstentions, accusing them of "undermining the rights and opportunities and safety of women athletes."

Despite Nebraska's Republican-leaning political landscape, with former President Donald Trump winning nearly 59% of the vote in 2020, the bill's failure highlights the ongoing debates surrounding transgender rights and the participation of transgender athletes in sports.

“There’s nobody that wants their daughter to be in a locker room with a boy and there’s nobody that wants their son to be in a locker room with girls. It’s just not right, not the way we see it in Nebraska,” Ripe said on Thursday.