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2024 Op. Neb. Att'y Gen. 1 (2024)

handle is hein.sag/sagne2024 and id is 1 raw text is: DEPT. OF JUSTICE
STATE OF NEBRASKA
OFFICIAL
APR 0 2024
MICHAEL T. HILGERS
NEBRASKA DEPARTMENT OF JUSTICE
Opinion No. 24-001 - April 2, 2024
OPINION FOR SENATOR KATHLEEN KAUTH
Lawfulness of the Sports and Spaces Act
Summary: The Sports and Spaces Act does not violate the Equal
Protection Clause or Title IX. The Act's segregation of bathrooms
and athletic teams based on biological sex is substantially related to
the State's important interests in protecting student privacy and
female athletic opportunity. Title IX's provisions permitting the
segregation of teams and facilities based on sex permits
segregation of teams and facilities based on biological sex.
You have asked whether L.B. 575, 108th Leg.
(introduced 2023), known as the Sports and Spaces Act
(L.B. 575), would violate the United States Constitution
or federal law. If enacted, L.B. 575 would require all
schools in Nebraska to designate group bathrooms and
locker rooms for use according to biological sex.1 Schools
would also be required to designate school-sponsored
athletic teams and sports based on biological sex.
We conclude that L.B. 575 is constitutional and
violates no federal law. The Equal Protection Clause of the
Fourteenth Amendment to the United States Constitution
ensures that states apply the law similarly to all people
similarly situated. Cases interpreting the Equal Protection
Clause do not consider men and women similarly situated
in all respects. Laws that treat men and women differently
1 Currently, Nebraska allows, but does not require, educational
institutions to maintain separate toilet facilities, locker rooms,
or living facilities for the different sexes. See Neb. Rev. Stat. § 79-
2,124 (Reissue 2014).

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