Hilgers’ Opinion Shows Support of Transgender Bathroom, Sports Bill in Nebraska Legislature

LINCOLN–(Nebraska Examiner Apr. 3)–Nebraska Attorney General Mike Hilgers this week issued a 32-page opinion, supporting a bill to define K-12 school bathrooms and sporting teams based on students’ sex at birth.

According to the Nebraska Examiner, Hilgers said LB 575 from Omaha Senator Kathleen Kauth is constitutional and would not violate federal laws, such as the Equal Protection Clause or Title IX. The bill doesn’t reference gender identity and defines sex based on X or Y chromosomes. Hilgers said state law allows, but does not require, educational institutions to maintain separate toilet facilities, locker rooms or living facilities for different sexes.

Hilgers argued that if “sex” was expanded in Title IX definitions to include sexual orientation or gender identity — as it has been in employment cases through Title VII — it would “render Title IX illogical.”