This Weeks-Long Filibuster by a State Legislator is Saving Trans Students

Matthew's Place
Matthew’s Place
Published in
3 min readApr 18, 2023

By Isabella Zollner

IMAGE CREDIT: Courtesy of Machaela Cavanaugh

Nebraska is a unique state, and not just because it is the birthplace of Kool-Aid.

Nebraska’s government is set up differently than any other state in the United States. Where the other 49 states all have a bicameral government (a House of Representatives and a Senate), Nebraska is unicameral- they only have a Senate. Because of this, Nebraska’s government is extremely lenient about filibustering, which is the process of debating for such an inordinate amount of time that a bill is never formally voted upon. In most states, if a state senator begins to filibuster, the Senate can vote to end their debate, referred to as ‘calling a vote of cloture,’ relatively quickly. Senates are able to call cloture if the person filibustering uses the restroom, eats a snack, sits, runs out of time, or talks about anything not related to the bill at hand. But in Nebraska, none of these criteria are present. Instead, every bill is guaranteed 14 hours of debate.

These unique rules have caused Nebraska’s representatives to make filibustering a regular political tactic. Notably, in 2022, progressive Nebraska Senators managed to prevent abortion bans and the weakening of gun safety laws by filibustering.

However, no one in the state’s history has made as large of a mark with their filibuster as state Senator Machaela Cavanaugh. Her seven week filibuster shot leagues past the former record. In fact, during the past 10 weeks, Cavanaugh and her progressive allies have only stopped filibustering for one day.

IMAGE CREDIT: Courtesy of Machaela Cavanaugh

So what bill are Nebraska Democrats desperately trying to stop from passing?

Nebraska’s legislature has proposed a bill that targets trans youth. If it passes, it will make all gender affirming care for Nebraska minors illegal. This would be a massive step backwards in the fight for trans equality and it would endanger the lives of thousands of Nebraskan youth.

10 weeks ago, when this bill was proposed, Cavanaugh warned her conservative colleagues that if it was heard in committee, she would “burn this session to the ground” with filibusters. Since then, the bill has not only been heard in committee- it passed through and is scheduled to be heard in the full chamber. Cavanaugh and her colleagues have made good on her promise. They have filibustered every single bill that passed on to the Senate floor in order to prevent this transphobic bill from ever being voted on.

We still can’t be sure whether or not Cavanaugh’s filibuster will prevent the passage of this transphobic bill. But the bravery and heroism of Cavanaugh and her colleagues is a beacon of hope in what has become a dark legislative session for the transgender youth of America.

About the Author:

After being subjected to homophobic harassment in the classroom, Isabella decided to try and use her writing to encourage others to stand up for each other and themselves. Isabella is a high school student in Lafayette, IN.

--

--

Matthew's Place
Matthew’s Place

MatthewsPlace.com is a program of the Matthew Shepard Foundation| Words by & for LGBTQ+ youth | #EraseHate | Want to submit? Email mpintern@mattheshepard.org