Nebraska Legislature Passes Bill Restricting Transgender Student Athletes: What Comes Next

A major shift in Nebraska education and school athletics just took place. On May 28, 2025, the Nebraska Legislature passed LB 89, commonly known as the “Stand With Women Act.” The bill requires student-athletes in public K–12 schools and colleges to compete on sports teams that match the sex listed on their original birth certificate, not their gender identity.

With Governor Jim Pillen’s strong support, the bill is expected to be signed into law shortly. Once enacted, this legislation will override existing school district and Nebraska School Activities Association (NSAA) policies that previously allowed transgender students to participate in sports based on gender identity.

This law has broad implications—for students, parents, educators, and administrators—and may raise legal questions about Title IX, civil rights, and school compliance.

What Does LB 89 Actually Do?

LB 89 requires that school sports eligibility be based solely on biological sex as defined by the sex listed on a student’s original birth certificate. In practical terms:

• Transgender girls will not be allowed to compete on girls’ teams.

• Transgender boys will not be allowed to compete on boys’ teams.

This applies to all public schools and colleges in Nebraska and replaces the NSAA’s case-by-case approach, which previously considered requests from transgender students to play on teams that aligned with their gender identity.

Supporters Say It’s About Fairness—Critics See Exclusion

Supporters of LB 89 claim the law protects fairness in women’s sports, arguing that biological sex-based competition ensures equal opportunity for cisgender female athletes. Governor Pillen and lawmakers like Senator Loren Lippincott frame the law as a measure to preserve competitive balance.

Opponents, however, argue the law is a thinly veiled form of discrimination. Lawmakers like Senator Megan Hunt and Senator John Fredrickson have been vocal in opposing the bill, citing its harmful impact on already marginalized students. Organizations including the ACLU of Nebraska and OutNebraska have denounced the legislation, calling it unconstitutional and emotionally damaging to transgender youth.

Mental Health Concerns for Transgender Students

Research from The Trevor Project and other mental health organizations shows that transgender youth experience disproportionately high rates of bullying, anxiety, depression, and suicide. Participation in school activities—especially sports—can provide vital community support, confidence, and social connection.

Removing access to team sports isn’t just an administrative decision—it’s a mental health issue, and for many families, it raises deeply personal and emotional concerns.

How Nebraska Schools May Be Affected by LB 89

Public school districts, colleges, and universities across Nebraska will now need to revise their athletic policies to comply with the new law. This process isn’t simple:

• Schools that had adopted inclusive practices may face policy rollbacks, increasing confusion among staff and students.

• Administrators and teachers may need additional training to ensure they apply the law correctly and avoid discrimination claims.

• Parents and students may seek legal guidance to understand how LB 89 interacts with federal law, especially Title IX protections.

It’s likely that school districts will be caught between state compliance and federal expectations, particularly as the Biden administration continues to interpret Title IX as prohibiting discrimination based on gender identity.

Does This Conflict with Federal Title IX Protections?

That’s a key legal question—and one that’s playing out across the country. The U.S. Department of Education has interpreted Title IX to protect transgender students from discrimination, including in sports. More than 20 states have passed laws like LB 89, and many are already facing federal lawsuits.

This sets up a legal showdown between state-level restrictions and federal civil rights enforcement. Whether Nebraska’s law ultimately survives judicial scrutiny remains to be seen.

What Should Parents, Students, and Schools Do Now?

If you’re a parent of a transgender student, a school administrator trying to revise your policies, or a student wondering how this will affect your ability to participate in athletics—you’re not alone.

Now is the time to:

• Review how your school district is responding to the law

• Speak with administrators about how they plan to implement the new rules

• Document any discriminatory treatment that occurs as a result of policy changes

• Consult an attorney to understand your legal options and rights under both state and federal law

FAQ: Nebraska LB 89 and Transgender Student Athletes

What does LB 89 require?

LB 89 mandates that school athletic participation be based on a student’s biological sex as listed on their original birth certificate, not gender identity.

Who does the law apply to?

It applies to public K–12 schools, colleges, and universities in Nebraska. Private schools that compete in public leagues may also be affected indirectly.

Does this mean transgender students cannot play sports at all?

No—but it limits them to teams that align with their sex assigned at birth. A transgender girl, for example, could only play on a boys’ team.

How does this affect previous NSAA policy?

It overrides the NSAA’s case-by-case approach, removing discretion from local school boards and activity associations.

What if my school supports transgender inclusion—can they opt out?

No. LB 89 creates a uniform state requirement. Public schools are expected to comply regardless of their own values or past practices.

Does this law violate Title IX?

That is the subject of legal debate. While Nebraska’s law is now on the books, federal Title IX protections may provide a basis for legal challenges. The U.S. Department of Education has taken the position that denying participation based on gender identity may violate federal law.

Can families challenge the law in court?

Yes. Legal challenges are already underway in similar cases across the country. A Nebraska-based lawsuit could follow, especially if students are harmed by the law’s enforcement.

If You’re Feeling Lost, You’re Not Alone

This is a confusing, emotionally charged, and fast-evolving issue. The impact of LB 89 is not just legal—it’s deeply human. If you’re wondering how this law affects your family, your child, your school, or your rights, we’re here to help.

Whether you’re seeking clarity, considering legal action, or just want to understand your next step, contact us at 402-259-0059 or zach@zandersonlaw.com. You’re not expected to figure this out alone.