Nebraska GOP Tries To Stop Trans Filibuster, Dems File 742 Motions In Response

Nebraska's majority changed its long-standing rules around priority motions, attempting to kill a Democratic filibuster over trans rights. Democrats proceeded to file 742 motions to halt proceedings.

Stack of motions filed by Democrats.

On Tuesday, Republicans sought to end a Nebraska filibuster led by Sens. Cavanaugh and Hunt over anti-trans legislation. The focus of the filibuster is LB574, a bill that would require medical detransition for transgender youth and prohibit their medical care. Sen. Cavanaugh has gained national attention in recent weeks for effectively stalling the state's legislative process; no bills have been passed in Nebraska this year. She recently negotiated with GOP leadership to discuss the bill, cautioning that the filibuster would continue if the bill advanced. When it did, Democratic senators announced that a line had been crossed and the session was effectively over. In response, Republicans tried to terminate the filibuster by altering the rules, prompting Sen. Cavanaugh to assert that a filibuster would “flow like water.” Democratic Senators proceeded to file 742 motions on upcoming bills to be heard.

LB574 was first heard in committee on February 8th, and the testimony was emotionally moving. One parent of a trans daughter brought the room to tears when she said that she went from having a depressed and suicidal son to a thriving and happy teenage daughter, and begged the committee not to pass the bill. The parents and siblings of trans youth showed up, as did the trans teens themselves. Hundreds gathered outside of the Capitol building, chanting that trans people belong.

The bill itself contains many harmful provisions for trans teens. It would withdraw trans teens from puberty blockers and hormone therapy, forcing them to go through the wrong puberty even after they’ve begun transition. It would prevent doctors from referring them out of state. Forced medical detransition is extremely traumatizing to transgender people. The care they receive is associated with 73% lower suicidality and 40% lower recent suicide attempts.

See the section banning care here - note that “gender altering procedures” includes puberty blockers and hormone therapy:

In response, Sen. Cavanaugh initiated a filibuster against the legislation, effectively stalling the entire legislature. The filibuster, which has lasted for several weeks, has employed a wide range of strategies. At times, it has been a "true filibuster," with Sen. Cavanaugh speaking at length about various topics, such as Girl Scout cookies and the plot of Disney's "Madagascar." This tactic led to a last-minute agreement in which the bill would be discussed and presumably dismissed, accompanied by a warning from Democratic senators that if the bill advanced, they would shut down the legislative session. When the majority decided to move the bill forward, the Democrats filed priority motions, granting them the right to speak unopposed. Senator Hunt, after revealing that she had a trans son, stated that “a line had been crossed - this session is over.”

This prompted the GOP majority to attempt an emergency rule change in order to stop priority motions, a tool that the Democratic minority had used in the filibuster proceedings. Senator Cavanaugh responded that the rule change did nothing to stop their filibuster and even stated that they would have ways to filibuster even if 25 rules were changed. Making good on her threat, Senators Cavanaugh, Hunt, and Conrad filed 742 motions under the new rules on every single bill remaining in the session. They posted a picture of the stack of motions on their twitter profiles:

Senator Megan Hunt @NebraskaMegan

Today my colleagues Senators Machaela Cavanaugh and Danielle Conrad and I filed 742 motions on the remaining bills in this session. We must let each child be the best person they are, and it is not up to the state to tell us what that means. We must trust Nebraskans. #NELeg

The GOP has grown frustrated at the filibuster attempts. They expressed dismay and doubt that the filibuster could be successful under the new rules prior to the stack of motions being filed. The official Nebraska GOP account accused Democrats of having a “platform of exclusion” despite clearly unconstitutional legislation targeting the transgender community coming from the majority. This has not convinced Democrats to change course.

Now, at almost any time of day, you can tune into the Nebraska legislative session and watch the session live and see these Senators standing and talking about the bill. Just this morning, they stood and talked about anti-trans policies while filibustering a tax package that had reached the floor. During the hearing on the bill, Senators yielded time to Senator Cavanaugh and Senator Hunt, allowing them to continually pivot the discussion back to anti-trans and anti-LGBTQ+ policies.

See one such example of an exchange here today:

Despite the rule change, it seems clear that the Senators intend to continue to work every single procedure to their advantage in order to stop LB574 from going forward. Should the filibuster succeed, it may go down in history as one of the most successful uses of the filibuster in history. No matter the final result, these Senators will be likely be remembered by the transgender community for years to come as a result of their efforts.