For the second time in as many weeks, the state Capitol was packed on a Wednesday afternoon with lawmakers sitting for hours and hours of public testimony — this time over transgender rights.
The bill in question, LB574, was the subject of a Health and Human Services Committee public hearing that stretched from the early afternoon into the evening. Supporters offered their testimony within the three hours allotted, but when the three hours for opposing testimony expired the room was still crowded with people wishing to speak.
Dubbed the "Let Them Grow Act," LB574 would ban individuals under 19 from receiving gender-altering medical treatment, such as puberty blockers, hormone treatment and surgical procedures.
Sen. Kathleen Kauth of Omaha, who introduced the bill, also introduced LB575, the "Sports and Spaces Act," which would restrict access to school bathrooms and locker rooms on the basis of biological sex and would add similar restrictions to most school sports teams — effectively banning trans youths from entering spaces or participating on teams they otherwise would based on their gender identity. That bill's hearing is scheduled Monday afternoon.
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Kauth said LB574 intends to protect children with gender dysphoria from lasting harm. She and supporters argued that a child's brain is not developed enough to make decisions to change their gender, and that research into transgender health care is not conclusive.
"As legislators, the future and safety of our children is top priority," Kauth said.
The committee heard from multiple physicians, parents and advocacy groups, along with a few people who either de-transitioned or experienced negative side effects while transitioning. Supporters frequently referred to a "social contagion" contributing to the increase of people identifying as transgender and seeking gender-altering care.
Sen. Machaela Cavanaugh of Omaha, who attended a trans rights rally earlier Wednesday, noted that being gay also was considered a social contagion several years ago.
Supporters and Kauth frequently argued that gender-altering care is "experimental" and "irreversible." Julia Emerson, a Nebraska family physician, referred to hormone treatment as "chemical castration."
However, most treatments available to minors can be reversed. According to the U.S. Office of Population Affairs, puberty blockers are reversible, while hormone therapy is at least partially reversible. Gender-altering surgeries, which are not reversible, are commonly not offered to minors, although they can be granted to adolescents on a case-by-case basis.
A handful of supporters also claimed that the Food and Drug Administration has not approved puberty blockers, but that also isn't entirely true. The FDA approved puberty blockers in 1993, although it was in reference to using them to prevent children from entering puberty prematurely, not for gender dysphoria.
Elizabeth Constance, a physician representing the American College of Obstetricians and Gynecologists, said there are no documented long-term negative effects of puberty blockers. In fact, she said puberty blockers are important resources that can buy patients "precious time" to make decisions in how they proceed with gender-altering care without feeling rushed.
Constance also noted that hormone therapy is a commonly used treatment for other conditions, not just gender dysphoria, and questioned why LB574 would continue allowing the treatment for those conditions.
The American Medical Association has warned against bills similar to LB574, which have in recent years. The AMA has described such legislation as “a dangerous intrusion into the practice of medicine.”
Multiple large-scale health organizations have publicly expressed support for making gender-affirming care available for trans youths, including the AMA, the World Health Organization, the American Academy of Pediatrics and the American Psychological Association. The Nebraska Medical Association also opposed LB574.
Supporters expressed doubt on the credibility of their statements.
Jennifer Bauwens, director of the Washington, D.C.-based Center for Family Studies, said national medical groups tend to stick to positions seen as popular. She pointed to other controversial procedures that were once more common, such as lobotomies.
Committee members Sen. Merv Riepe of Ralston and HHS Chair Sen. Ben Hansen of Blair said they believed some research released in recent years is colored by bias. Riepe said evidence-based reports often depend on what groups are providing the evidence.
"Don't believe everything you hear," Riepe said.
Bauwens and other supporters, including Kauth, said gender-altering health care providers are financially motivated. Bauwens said such providers have created a "monopoly," because they only allow one pathway for treatment for gender dysphoria.
"My profession has gone off the rails," Bauwens said.
However, a slew of Nebraska-based physicians provided testimony to the contrary Wednesday, with doctors and other opponents testifying late into the evening.
Some opponents grew angry when testimony was cutoff around 8:40 p.m., in keeping with the practice of limiting testimony on each side to three hours. Some shouted their frustrations and accused committee members of asking “disingenuous” questions in an effort to eat up testimony time. A law enforcement officer was present in the crowded hearing room and a live stream was abruptly ended as the officer motioned for some to leave the room.
The hearing eventually resumed and concluded without a vote on the legislation.
The opponents who were able to testify frequently argued that LB574 would increase the risk for suicide among trans youths. According to 2022 research published in the National Library of Medicine, 40% of trans people have attempted suicide, with trans youths experiencing the greatest risk of suicide.
Cait Smith, a representative for LGBTQ+ rights nonprofit the Trevor Project, said 50% of LGBTQ+ youth in Nebraska seriously considered suicide in 2022 — 58% of them were trans youth.
Hannah Coffey, a UNL doctoral student and representative of the Nebraska Psychological Association, said trans youth are less likely to be suicidal after they've received gender-altering care.
Trans man Alec Duncan said he would not be alive today if he did not have access to gender-altering care, and said LB574 would have killed him. Ash Homan, a trans teenager, argued that lawmakers supporting such legislation often underestimate young people's ability to make decisions for themselves.
Several other opponents attested that gender-altering care is life-saving. Parent Rachel Ogborn said she came to testify against LB574 out of fear that she could lose her daughter.
"I know that sounds extreme, but so is this bill," Ogborn said.
Ogborn said her daughter's entire attitude changed after she received gender-altering treatment. However, she said now her child feels attacked by the bill, and plans to leave Nebraska as soon as she can.
Ogborn was one of multiple opponents who claimed that Nebraska will lose residents if LB574 passes. Mike Hornacek, the parent of a trans teenager, said his family will leave the state if the bill passes. He described the legislation as an "extreme intrusion" into his family's life and medical treatment.
"Those decisions are not yours," Hornacek said.