NFFV Action Request

Upcoming Education Committee Hearing

Tuesday, February 14, 2023

1:30 PM, Room 1525


LB487 Add Gender Identity and Sexual Orientation as

Protected Class Designations for Schools

What is LB487 all about?

LB487 basically would require schools receiving public funds from discriminating based on several items that are not in Nebraska's Constitution: ancestry, citizen status, gender, sexual orientation, gender identity, and special education status.

Currently there is no language in LB487 that describes what could be construed as discrimination. The bill is also void of language on who gets to decide what is and what the outcome of any discrimination would be. So if a person inadvertently uses the wrong pronoun, is that discrimination? We don't know.

What does the Nebraska Constitution say?

Article I, section 30 (I-30) of the Nebraska Constitution says in part: Discrimination or grant of preferential treatment prohibited; public employment, public education, or public contracting; section, how construed; remedies.

 (1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. NE Constitution

Not only does the Nebraska Constitution already prohibit discrimination, The Civil Rights Act of 1964 also addresses the equality of all persons.

The Civil Rights Act of 1964

42 U.S.C. §2000a (a)All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination on the ground of race, color, religion, or national origin.

What about Private Schools?

LB487 states in part: "No school in Nebraska receiving public funds shall discriminate....". Posted on the Nebraska Department of Education is "The U.S. Department of Education launched the Emergency Assistance for Non-Public School (EANS) initiative through the Coronavirus Response and Relief Supplemental Act (CRRSA) in December 2020. The bill enabled the Governor to secure and for the Nebraska Department of Education to administrate $17 million in funds to address the impact of the Coronavirus Disease 2019 (COVID-19) through academic recovery and acceleration and supplement safety efforts for K-12 non-public schools in the State."

So if a non-public school took EANS or ESSER funds (public money) should one assume they are bound to this proposed legislation even if it may contradict their deeply held religious believes? It appears so.

How to be heard? 

Take action, your voice is powerful make it heard. LB487 committee hearing is scheduled for Tuesday, February 14, 2023.

How to be heard? Here are three ways:

  • Most EffectiveTestify in person. Going to the Committee hearing and sharing YOUR story with committee member Senators is very impactful. For first time in person testifier here are some helpful hints
  • Very EffectiveSubmit written testimony. If you can't be there in person then submit written testimony. Not sure how to do that, click hereNote; written testimony needs to be submitted by noon the business day before the committee hearing.
  • EffectiveEmail your position letter to and CC each committee member Senator. For a listing of the Education Committee Senators click hereNote; emails need to be sent by noon the business day before the committee hearing. It's not guaranteed these emails will be included in the official meeting documents.

Not sure what to say?

Listed below are thought starters. Build your story around one or two of them. Quantity is not as important as a short heart felt personal story.


Here are three strong arguments for opposing to this legislation.

Immutable characteristics

The term “immutable characteristics” generally refers to a physical trait that is extremely difficult to change, like race or gender. The idea is that it is illegal to discriminate against an immutable characteristics. These characteristics are so intimately tied to an individual; thus, they are the easiest way to define protected classes. This is why immutable characteristics are the most protected under the law. If a law, practice, or policy discriminates based upon an immutable characteristic, then the claimant will be considered part of a protected class. 

The drive to divide

Creating more protected classes can lead to a divisive and fragmented society, where people are constantly divided and categorized based on their identities. This can further entrench the notion of "us vs. them" or “left vs. right” and create further division and tension between different groups.

Where does the divide end?

Adding more protected classes defeats the purpose of this discrimination protection. This addition over time continues to put people in “buckets” only creating more division between people with more focus on a physical or preferential “checkbox” instead on the qualities of the person. This limits their opportunities and potential, as they are often seen as a single-issue candidate instead of being evaluated based on their abilities and merits.

Board of Directors Team