Nebraska Governor Jim Pillen signed a contentious executive order last Wednesday, providing definitions for ‘male’ and ‘female’, and guiding how related terms should be utilized by state agencies. Asserting that the objective of the order is to uphold the safety and integrity of women’s sports, he has nevertheless drawn criticism for perceived encroachments on the rights of transgender individuals.
Dubbed the ‘Women’s Bill of Rights’, the order posits tangible biological distinctions between males and females that justify sex-based distinctions in certain social, educational, and athletic areas. The executive order furnishes definitions for terms including ‘sex’, ‘female’, ‘male’, ‘woman’, ‘girl’, ‘man’, ‘boy’, ‘mother’, and ‘father’ for all state agencies. The order stipulates that a ‘female’ is a person whose reproductive system is for producing ova, and a ‘male’ is one whose biological system is developed to fertilize ova. It further specifies that ‘woman’, ‘mother’, and ‘girl’ exclusively refer to human females, while ‘man’, ‘father’, and ‘boy’ can only be used to describe human males. The notion of ‘sex’, according to this order, is based on one’s biological assignments at birth.
Pillen defended the order in a public statement, stating, “As Governor, it is my duty to protect our kids and women’s athletics, which means providing single-sex spaces for women’s sports, bathrooms, and changing rooms.”
However, critics argue that the executive order unjustly targets transgender individuals. A number of advocates note that it affirms restrictions that prevent transgender people from participating in sports teams compatible with their gender identities. Coinciding with this sentiment, Nebraska State Senator Megan Hunt tweeted in response to the order, “The truth is, no executive order can erase trans people. They have always existed and always will.”
This directive from Nebraska is not an isolated event, with similar efforts to define sex and gender terms observed in other U.S. states. Earlier this year, Alabama’s legislature progressed a bill, and Oklahoma’s governor also executed an executive order employing same language and definitions.