Know your rights
The state of transgender equality is in rapid flux in state legislatures, under federal law, in the courts and at the ballot box. Progress is consistently met with backlash. In Nebraska, we are working to ensure that transgender, nonbinary and gender nonconforming people can be themselves wherever they live, learn or work.
Know your Transgender, nonbinary and gender nonconforming rights in Nebraska.
The ACLU champions transgender, nonbinary and gender nonconforming people’s right to be themselves in any situation, including at school, on the job, and in all public places. The information below is intended to help transgender people stay informed of your rights and request assistance. The information on this website is not, nor is it intended to be, legal advice. Every case depends on the specific facts and circumstances involved.
To submit a complaint for review, please Request Assistance.
In late August, Governor Pillen signed a discriminatory executive order that narrowly defines gender and attempts to erase the identities of thousands of Nebraskans. Together, the ACLU of Nebraska and Nebraska Appleseed have created an online resource that breaks down what we know about this anti-trans identification executive order so far and answers questions that community members might have.
We do not have a clear answer yet. The Department of Motor Vehicles and the Office of Vital Records may have to establish protocols that comply with the order, but it is currently unclear what these protocols could look like and if they will apply to individuals who have already changed their legal sex.
We know for certain that the EO cannot take away trans Nebraskans’ federal protections from discrimination. It is unclear at this time how the EO may impact existing Nebraska laws and policies, including our state anti-discrimination laws. Trans Nebraskans have federal protections from discrimination in the workplace [1], in domestic violence shelters [2], in housing [3] and states cannot discriminate based on gender identity and sexual orientation in the administration of food and nutrition programs, like SNAP and SNAP-Ed. [4] This EO also does not take away trans Nebraskans’ constitutional rights (equal protection, due process, free speech, etc.).
The Governor wants all state agencies to define sex based on sex assigned at birth.
The potential impact will depend on the specific agency as there is no enforcement mechanism in the executive order.
The language of the EO does not, on its own, make anything a crime or a civil offense. Nor does the EO bar anyone from acting in accordance with their true gender. For example, the EO does not, on its own, ban trans Nebraskans from accessing the restroom that corresponds with their gender identity nor does it make it a crime or civil offense for a trans person to be in gendered spaces that correspond with their gender identity.
This could apply to all state-run entities unless preempted by federal law.
Individuals who are harmed by the EO are encouraged to contact us, click here.
At this stage, we are exploring all options, including litigation challenging this EO. The ACLU of Nebraska and Nebraska Appleseed, along with local and national partners, are closely monitoring the situation and considering every possible avenue for advocacy to limit the harm caused by this EO.
In May 2023, Governor Jim Pillen signed LB 574, a bill with limits on medically necessary care for transgender minor Nebraskans, into law. Although the extreme abortion restrictions that were included in this bill took immediate effect due to an emergency clause, restrictions on transgender care for minors went into effect until October 1, 2023. If you have been denied care due to LB 574, please request assistance.
LB 574 takes gender-affirming care out of the hands of trans youth and their doctors and leaves treatment rules and regulations up to the Chief Medical Officer, and in some cases, the Nebraska Department of Health and Human Services.
LB 574 bans genital gender-altering surgery (typically known as “bottom surgery”) and places cumbersome restrictions on other forms of gender-affirming care. Under this new law, health care practitioners cannot perform gender-altering procedures on Nebraskans under the age of 19 if they violate the rules and regulations that will be determined by the Chief Medical Officer and, or, DHHS. This includes requirements like how, when and under what circumstances puberty blocking drugs are prescribed, a set minimum number of hours of required therapy and counseling, and an established waiting period once the above criteria is met before trans youth are allowed to receive access to gender-affirming care.
This means, we won’t fully know what is restricted and how until the Chief Medical Officer outlines what those restrictions on gender-affirming care are. We will update this site as those restrictions are announced.
If you are a transgender youth under 19 who has been receiving gender-affirming care in the form of puberty blockers or other possible hormone therapy, the future restrictions will not apply to you and your care.
This new law also includes a few notable exceptions for those already receiving gender affirming care:
We know this is a very confusing and scary time for transgender youth in Nebraska. The ACLU of Nebraska and other community organizations are here for you and will ensure that you have all the information and support you need to live as you truly are.
You have the right to be yourself in school. Public schools are required to respect your gender identity and expression. If you’re being harassed or bullied or see it happening to someone else, you should report it immediately to an administrator, counselor, or other school official.
More information on your rights and what to do if bullied in school
Get help from the ACLU of Nebraska
Schools will sometimes make the claim that they can’t honor a student’s name or pronouns because they must use a student’s legal name. This is not true as there is no law that says schools can only use a student’s legal name. Although your legal name may have to appear on your transcript, your school is able to use your preferred name and pronouns on other things such as class rosters, on your student ID, on your report cards, and in the yearbook. If you legally change your name, all your records can be updated to correspond with your new legal name.
Further, under the federal Family Educational Rights and Privacy Act (FERPA), personal student information in school records is confidential and protected. This means that, in most cases, a student’s status as a transgender person, their legal name, and gender assigned at birth cannot be revealed by the school without permission from the student or the student’s parents if the student is a minor. Unfortunately, we sometimes see school officials unaware of these restrictions. To ensure your privacy, you may need to proactively explain this to your school’s administrators.
Students have a right to use school restrooms and locker rooms that correspond with their gender identity. If you’re having a problem, try pointing to the school’s own policies or local and Nebraska state laws about discrimination in education or “public accommodations,” and/or Title IX. You can cite the “sex” category in anti-discrimination policies in support of your position. Some districts, such as Omaha Public Schools, have an anti-discrimination policy that explicitly protects gender identity and sexual orientation. The U.S. Department of Education provides example policies to incorporate in schools to protect transgender students’ rights. Gender neutral restrooms are awesome, but no one should be forced to use only those.
Public schools can have dress codes, but federal law says dress codes can’t treat students differently, force students to conform to sex stereotypes, or censor particular viewpoints. That means that schools can’t create a dress code based on the stereotype that only students of one particular gender can wear a specific type of clothes. For example, your school can require that skirts must be a certain length, but can’t say only some students can wear skirts that otherwise comply with the dress code. That also applies to pants, ties, or any other clothing associated with traditional gender roles.
Some schools require school uniforms or ban t-shirts, buttons, wristbands, or other garments or accessories that express students’ views. Schools can do that if the policy is applied equally to all viewpoints. If they do allow students to express themselves through what they wear, they can’t ban rainbows, Pride symbols or slogans, or messages about LGBTQIA+, feminist or political issues or identity. School officials often try to justify censoring student expression by claiming it’s disruptive, when what they’re really worried about is that other students or their parents might not like it. But courts have consistently ruled that a school’s concern about other people’s reactions to a political message or image doesn’t justify censoring it.
If you’re punished or told you have to change out of something you’ve already worn to school, remain calm and polite. Complying with an order from a school official doesn’t affect your right to challenge it later on. However, arguing or not cooperating might make it harder to fight for your rights later. Keep copies of any paperwork the school gives you and contact the ACLU as soon as you can. Contacting the ACLU is confidential; any communication between you and the ACLU will be kept private.
Schools shouldn’t require different types of clothing for special events such as prom or graduation based on students’ sex or gender identity. For example, schools cannot require boys to wear only tuxedos or require that girls wear only dresses to prom. All students should be allowed to wear clothing consistent with their gender identity and expression, no matter whether they identify as transgender or cisgender. If you’re a trans girl, can you run for homecoming queen? If you’re a trans boy, can you wear a tuxedo to prom? Yes!
Gay-Straight Alliances (GSA) are student-led and student-organized school clubs that aim to create a safe, welcoming, and accepting environment for all regardless of sexual orientation or gender identity. GSAs are valuable for individuals who question their identity, have LGBTQIA+ friends or family members, or care about LGBTQIA+ issues.
Federal law protects students at public schools who wish to start a GSA. The Equal Access Act requires public schools that allow at least one student-led extracurricular clubs to meet on school grounds outside of class time, and must allow other student-led groups regardless of the religious, political, philosophical, or other content of the speech at such meetings. The Act also requires schools to provide the same access to meeting spaces and school publications.
For more information on how to start a GSA at your school, visit the ACLU’s step-by-step guide.
If you’re trying to start a GSA at your school and your administration tries to stop you, or if they don’t allow the GSA to do things that other extracurricular clubs do, contact the ACLU of Nebraska for assistance.
At the high school level, the Nebraska State Activities Association (NSAA)’s Gender Participation Policy establishes the requirements for transgender students wishing to participate in gendered athletics. Trans student-athletes must seek approval from both their school and NSAA Gender Identity Eligibility Committee. In order to do so, they must provide the Committee with information regarding the student’s consistent gender identity and expression from the student, their parents, their peers, friends, teachers, and medical professionals. Trans girls must also establish evidence that they have “completed a minimum of one year of hormone treatment related to gender transition or undergone medically confirmed gender reassignment procedure,” and must provide proof of medical testing showing that the student-athlete “does not possess physical or physiological advantages.” This is not a requirement for trans boys or nonbinary student athletes. After obtaining this information, the Committee convenes to decide if they will approve the student-athlete.
Once students pass that hurdle, they must then deal with the issues regarding locker room/bathroom access. The NSAA’s policy states that even if an athlete is competing on a team according to their gender identity, unless they have had gender affirming surgery, they will be asked to use either private locker rooms/restrooms or locker rooms/restrooms that correspond with their sex assigned at birth. While the policy provides a pathway to athletic participation for transgender student-athletes, we also recognize that the policy as it is now is outdated and doesn’t meet best practices or the needs of trans student-athletes.
At the college level, the National Collegiate Athletic Association (NCAA)’s Inclusion of Transgender Student-Athletes guide outlines policies for the inclusion of transgender student-athletes in member athletic programs. The NCAA’s policy does not require gender affirming surgery for participation and addresses a host of other issues regarding participation. After a recent wave of hateful anti trans bills started moving through state legislatures the NCAA reaffirmed its commitment to equity and fair competition for trans athletes.
The ACLU of Nebraska has advocated for a more inclusive athletics policy and will continue to fight for all students’ ability to participate in athletics – including trans student athletes. If you experience discrimination in public school athletic participation, contact the ACLU of Nebraska for assistance.
Public colleges generally offer more legal protections than private schools, but, depending on the situation and the source of funding your institution receives, private colleges are also subject to certain legal standards. Contact the ACLU of Nebraska if you have a question–we’ll help you figure it out.
At institutions that receive federal funding, including many private ones, sex discrimination is banned under the federal law known as “Title IX.” It requires schools to proactively ensure a campus free from discrimination and to have procedures for handling complaints. The ACLU believes this covers discrimination against transgender, nonbinary and gender nonconforming students in the same way that the Supreme Court ruled Title VII prevents employment discrimination on the basis of sexual orientation or gender identity.
Universities can require “same sex” campus housing, but transgender students should be housed based on their gender identity.
Too many trans students sadly still face harmful and painful harassment from their peers and even school officials. While the law does not safeguard against all such bullying, it does require universities to do something about harassment when it’s so bad that it’s preventing you from getting an education. Colleges often also have their own anti-harassment policies that cover sexual orientation and gender identity.
Federal law protects your medical records. For example, your doctor at the university health center can’t tell anyone whether you’re taking hormones or having sex. Your educational records are protected too and you can ask your college to correct information in your records like your name and gender marker. Trans students shouldn’t have to be outed by their transcripts.
Students have a right to use school restrooms and locker rooms that correspond with their gender identity. If you’re having a problem, try pointing to the school’s own policies or local and Nebraska state laws about discrimination in education or “public accommodations,” and/or Title IX. You can cite the “sex” category in anti-discrimination policies in support of your position. The U.S. Department of Education provides example policies to incorporate in schools to protect transgender students’ rights. Gender neutral restrooms are awesome, but no one should be forced to use only those.
The First Amendment protects many freedoms at public universities, like the right to discuss queer topics, express your gender identity, or wear t-shirts stating your views. Your campus group has the same right as any other group to bring in guest speakers, throw dance parties, or organize Pride events. And public colleges can’t censor LGBTQIA+ messages based on viewpoint or just because they think it’s “controversial.”
We’re fighting discrimination in employment, housing, and public places, including restrooms. We’re working to make sure trans people get the health care they need and we’re challenging obstacles to changing the gender marker on identification documents and obtaining legal name changes. We’re fighting to protect the rights and safety of transgender people in prison, jail, and detention facilities as well as the right of trans and gender nonconforming students to be treated with respect at school. Finally, we’re working to secure the rights of transgender parents. If you experience discrimination in any of these areas, contact the ACLU of Nebraska for help.
Sexual orientation and gender identity have no correlation with how well a person can do their job, and the United States Supreme Court agrees. On June 15, 2020, the Supreme Court in Bostock v. Clayton County declared that the employment protections against sex discrimination found in Title VII of the Civil Rights Act of 1964, codified as 42 U.S.C. § 2000e-2, includes discrimination based on sexual orientation and gender identity.
This means that federal law forbids employers from discriminating against someone due to their sexual orientation or gender identity regarding any aspect of employment. This may include hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
For more details, refer to the U.S Equal Employment Opportunity Commission.
If you are experiencing discrimination in employment due to your sexual orientation or gender identity, you can file a complaint with either the Nebraska Equal Opportunity Commission (NEOC) or the U.S. Equal Employment Opportunity Commission (EEOC). It is not necessary to file a claim with both agencies. Both can investigate Title VII claims. If you file a claim with the Nebraska Equal Opportunity Commission, they will dual file it with the EEOC. If you file a claim with the EEOC, they will dual file it with the NEOC.
If you live in the City of Omaha, you can also file a complaint with the Omaha Human Rights and Relations Department (OHRRD). The OHRRD can investigate complaints of discrimination in the areas of employment, housing, and public accommodation. Through a contract with the federal government, they investigate EEOC complaints and HUD complaints of discrimination.
If you live in the City of Lincoln, you can choose to file a complaint with the Lincoln Commission on Human Rights (LCHR). Like the OHRRD, the LCHR can investigate complaints of discrimination in the areas of employment, housing, and public accommodation. Through a contract with the federal government, they investigate EEOC complaints and HUD complaints of discrimination.
On January 25, 2021, President Joe Biden signed an Executive Order enabling all qualified Americans to serve their country in uniform. This action repealed a Trump-era ban on transgender people serving in the United States military. The President’s Executive Order directed the Department of Defense to reexamine and correct records of service members discharged or denied reenlistment because of gender identity issues under the previous Trump policy. It also ordered the Secretary of Defense and Homeland Security to start implementing the order for the military and the Coast Guard.
On March 31, 2021, the Department of Defense announced that they had updated and published the policy updates for transgender military service.
Effective April 30, 2021, the Department of Defense’s policies: 1) prohibit discrimination on the basis of gender identity; 2) provide a means to serve in one’s self-identified gender; 3) provide a way to obtain medical treatment, transition while in service, and receive recognition in one’s self-identified gender; 4) prevent service members from being involuntarily discharged or denied reenlistment based solely on gender identity; and 5) seek to protect the privacy of all servicemembers and to treat all service members with dignity and respect.
This section incorporates language recommendations provided by leading LGBTQIA+ advocacy and health organizations.
Generally, there are three ways to secure health insurance – through your employer; public options like Medicare or Medicaid if you meet program eligibility; and individual plans purchased through State Insurance Exchanges.
In 2016, the Department of Health and Human Services (HHS) created the “Nondiscrimination in Health Programs and Activities” rule, which declares that discrimination based on sex includes gender identity and expression in Section 1557 of the Affordable Care Act (ACA). Section 1557 prohibits discrimination based on race, color, national origin, sex, disability, and age by health care programs that receive federal funding, are administered by a federal agency or were created by the ACA. Programs that receive federal funding include insurance companies, hospitals, and pharmacies that accept or administer Medicaid or Medicare.
Note: This regulation does not apply to the Veteran’s Health Administration or the Federal Employee Health Benefits Program.
Under Section 1557, qualifying insurance companies cannot reject coverage of medications related to gender transition, such as hormones. Refusing to cover gender-specific treatment, such as birth control for transgender patients, is also considered discrimination. Therefore, if an insurance company covers medications for non-transgender patients, it cannot refuse to cover the same medication for transgender patients. While insurance companies retain the right to determine the medical necessity of treatment on a case-by-case basis, the gender expression of a patient cannot be factored into that decision. Additionally, the Biden Administration has recently announced that the Department of Health and Human Services affirms that federal laws forbidding sex discrimination in health care also protect gay and transgender people.
For more information on health care coverage, visit the National Center for Transgender Equality’s Health Coverage Guide.
If you are denied medical care or treatment because you are transgender, nonbinary, or gender nonconforming, please contact the ACLU of Nebraska.
There are currently no laws in Nebraska that provide LGBTQ inclusive insurance protections. If your insurance is provided through your employer, you can advocate to your employer to ask them to include transgender-related healthcare. If you receive insurance through the state marketplace, you can visit Out2Enroll’s guide for more information on selecting a care provider.
The Transgender Legal Defense and Education Fund’s Trans Health Project provides a wonderful guide for navigating and understanding insurance and how to get the care to which you are entitled, including how to apply for coverage and how to challenge a denial of care.
Medicare and Medicaid are separate and distinct government-run programs. They are operated and funded differently and serve different groups. Medicare is a federal program that provides health coverage if you are 65+ or if you have a disability, no matter your income. Medicaid is a joint state and federal program that provides health coverage based on your income.
Medicare is one of America’s most important health programs, providing health insurance for tens of millions of adults over 65 and people with disabilities. As with private insurance, transgender people sometimes encounter confusion about what is covered or barriers to accessing coverage—both for transition-related care and for routine preventive care. Medicare generally provides access to trans affirming care.
Nebraska’s Medicaid policy explicitly excludes transgender health coverage and care. Medicaid is a lifeline for many Nebraskans and the ACLU of Nebraska will continue to advocate for trans and gender-nonconforming people to have better access to essential medical care.
LGBTQ patients facing discrimination based on either their gender identity or nonconformity with sex stereotypes at hospitals, clinics, doctors’ offices, or other medical providers that accept Medicare or Medicaid (as well as other forms of federal funding) can file complaints of discrimination with the Office for Civil Rights for the U.S. Department of Health and Human Services. If you experience this discrimination, you can also contact the ACLU of Nebraska for help.
The state employee health plan explicitly excludes coverage of transition-related care.
In 2020, Lincoln’s Mayor Leirion Gaylor Baird announced the city’s healthcare benefits would cover gender transition-related costs for employees.
In February 2021, the Lincoln City Council voted to ban conversion therapy on LGBTQIA+ youth. This move bars counselors, psychiatrists, and therapists from subjecting LGBTQIA+ minors to harmful conversion therapy practices which attempt to change the sexual orientation or gender identity of patients. A bill that would enact similar protections statewide has been introduced in the Nebraska Legislature but has not passed into law.
All too often, parents who have transitioned or come out as transgender after having children have seen their gender transition raised by their ex-spouse or partner as a basis to deny or restrict custody or visitation. Transgender people who formed families after transitioning have faced challenges to their legal status as parents, often based on attacks on the validity of their marriages. If you are in need of assistance, contact the ACLU of Nebraska.
Due to a successful ACLU lawsuit in 2017, Nebraska no longer bans LGBTQIA+ people from fostering or adopting children. We’ll continue to fight efforts to allow discriminatory treatment of LGBTQIA+ people by religiously-affiliated child welfare agencies that contract with states to serve the needs of children in state custody.
No one should be denied a place to live simply because of who they are. According to the National Center for Transgender Equality, one in five transgender people experience discrimination when looking for housing.
Federal rules protect access to housing. The U.S. Department of Housing and Urban Development (HUD)’s Equal Access Rule ensures all HUD-assisted or insured housing programs are open to all eligible individuals and families regardless of gender identity, sexual orientation, or marital status. On April 22, 2021, HUD affirmed their “commitment that no person be denied access to housing or other critical services because of their gender identity.” This includes equal access to sex-segregated shelters.
HUD regulations apply to public and assisted housing and rental assistance programs, including homeless shelters and other temporary housing. The regulations establish that housing providers cannot deny you access to a homeless shelter, deny you a mortgage loan, or set different terms, conditions, or privileges for sale for rental of a dwelling because you are transgender or because they perceive you as not conforming to gender stereotypes.
In February 2021, President Biden signed an Executive Order affirming that sexual orientation and gender identity are covered by the Fair Housing Act.
After the U.S. Supreme Court’s decision in Bostock v. Clayton County, the Nebraska Equal Opportunity Commission announced that they would start investigating and resolving housing cases alleging discrimination based on sexual orientation and gender identity.
The ACLU of Nebraska is committed to protecting people from discrimination based on gender identity or gender expression. If you are denied a place to live or shelter because you are transgender, nonbinary or gender nonconforming, please contact the ACLU of Nebraska.
Hate crime laws require law enforcement agencies to investigate and prosecute crimes committed with bias. Nebraska does have a hate crimes law that addresses crimes motivated by sexual orientation or gender, but it does not explicitly include crimes motivated by gender identity.
The Lincoln Police Department also has a dedicated LGBTQIA+ law enforcement liaison, Captain Mayde McGuire.
If you are a victim of violent or hostile behavior because of your sexual orientation or gender identity and feel that law enforcement is not addressing the offense properly, contact the ACLU of Nebraska.
If you fear returning to your home country due to past or future persecution because of your gender identity or sexual orientation, you can claim asylum in the United States. Deciding whether to apply for asylum is a difficult decision and should be done with the help of a competent immigration attorney or Department of Justice representative. If you are granted asylum, you will be authorized to stay in the country and eventually apply for Legal Permanent Residency (green card). If you are denied asylum and do not qualify for any other immigration relief, you risk deportation. To receive free or low-cost immigration legal services or for a list of immigration attorneys, contact the Nebraska Immigration Legal Assistance Hotline (NILAH) at (855) 307-6730. For more information on NILAH, visit: nilah.org.
Every vote matters and your voice deserves to be heard. If you are transgender, nonbinary, or gender-nonconforming, you may have had problems in the past with someone questioning your identity because of your name, gender marker, or photo on your ID or you may simply be nervous about whether this might happen. No one should question you about your identity, but this guide should help you if they do. Here are some Frequently Asked Questions for transgender, nonbinary and gender nonconforming voters in Nebraska.
Our friends at Civic Nebraska have provided information on how to learn more about voting and why you should vote: https://www.civicnebraska.org/voting-rights/
Starting in May 2024, all voters are required to show an ID to vote. For more information about the new voter ID law, visit https://sos.nebraska.gov/elections/voter-id. The Secretary of State allows the following forms of ID to be shown to vote:
A poll worker cannot prevent you from voting just because you don’t look like your picture or what the poll worker thinks you “should” look like based on your name or gender marker.
If you have legally changed your name, you will need to re-register to vote. If you are unable to do so before an election’s registration deadline, you are still allowed to vote. If you changed your name and still live in the same county, you will be allowed to vote at the polling place designated for your residence.
A poll worker may ask you to complete a certification and new registration form. The poll worker will either give you your ballot or a provisional ballot.
As long as you have moved from one residence to another in the same county, you are allowed to vote at the polling place for your new address. A poll worker may ask you to complete a certification and new registration form. The poll worker will either give you your ballot or a provisional ballot.
If you moved to a different county in the State of Nebraska, you must re-register in the new county to be eligible to vote.
In Nebraska, by law, you have the right to request a provisional ballot. Provisional ballots ensure that a voter is not excluded from voting due to an administrative error.
If your name does not appear on the precinct list of registered voters, you are eligible to vote by provisional ballot if:
You are also eligible to vote by provisional ballot if your name does appear on the precinct list of registered voters and your name has a notation that you must show ID to complete your registration, but you did not bring the required identification to the polling place. You will need to also complete a new voter registration application at that time.
If you vote by provisional ballot, the election commissioner or county clerk will verify that your ballot is eligible to be counted. You can check to see if your ballot was counted by visiting https://www.votercheck.necvr.ne.gov/voterview or calling toll-free 1 (888) 727-0007.
If the poll worker refuses to provide you your ballot or a provisional ballot, you should immediately contact Civic Nebraska’s Election Day Hotline and tell them what is going on. They are available to provide immediate assistance on election day.
You can also contact the National Election Protection Hotline.
If you are still worried about showing an ID when voting, Nebraska allows you to vote by mail. If voting early by mail, you will need to write your driver’s license/state ID number on ballot application or enclose a copy of valid photo ID with your application. If voting by-mail precincts or by-mail special elections, you will need to write driver’s license/state ID number on ballot return envelope or enclose a copy of valid photo ID in your ballot return envelope.
Fight for your right to vote. If all else fails, demand to vote by provisional ballot. If you cast a provisional ballot, you’ll need to follow up with your local election authority with additional information for your ballot to be counted and to determine if your ballot was counted.
Many helpful resources are available that provide support, guidance and information, and community for Nebraskan’s trans, Nonbinary and Gender nonconforming people.
The ACLU of Nebraska compiled this list of resources. Please be advised that neither the ACLU nor the ACLU of Nebraska guarantees or endorses the work of any of these organizations. If you know of a resource that is not listed here, please submit it to comm@aclunebraska.org.
Generally, step one is filing a petition with the court. Asking the court to change your name and file confidential party document. Afterwards, you call or email the bailiff for the judge you were assigned to for a hearing that is at least 6 weeks out from that date. After that, file a publication notice and contact a newspaper in the county you are changing your name to publish for four consecutive weeks. After the four weeks of publication, you will receive from the newspaper an affidavit of publication that you will send to your bailiff. Then you will prepare a decree of name change, which is what the judge signs, and you’ll take that with you to the hearing. At the hearing, you will make statements as to your old name, your address, publication, your new name, and the reason for change. The judge will sign the order.
To change your name as an adult in Nebraska, you must have lived in the county you are seeking a name change in for at least one consecutive year and be at least 19 years of age. If you have not lived in your county for at least one consecutive year, you must wait for the required amount of time. If you are under the age of 19 and want to change your name, there is a slightly different process that requires your parent or guardian’s consent, explained at this website.
In the initial stage of the process, you will need to complete two documents and file them with your county’s district court clerk. The first is the petition and the second is a confidential party information form.
Fill out the petition as directed. Leave the case number section blank, this will be assigned by the clerk after you file the petition. When you put your current legal name in the first blank, it may auto-populate the remaining blanks. For item five, put your current legal name on the left most blank and put your chosen name on the right most blank. Make sure that the spelling of your chosen name is correct! For item six, you will explain why you want your name changed. This does not have to be a long or personal answer. Examples include:
“I want my legal name to be my chosen name.”
“I want my legal name to be what my friends and family calls me.”
“I want my documents to reflect the name that I am referred to in my community.”
“I want my legal name to reflect my gender identity.”
At the bottom of the petition, it will ask you whether you are able to receive updates from the court via email. If you are unable to receive updates via email for any reason, check the second box and explain why. This can be any explanation for why you cannot, for example: “I don’t have reliable internet access.”
After completing the petition, you will need to complete the confidential party information form. As with the petition, you will leave the case number part blank. When the documents are complete, you will use this website to find out who you need to contact to file the case. You should call or email the clerk of your county to determine how the case should be filed. Depending on which county you live in, you may be able to email your documents, but some counties still require that you drop off the documents in person. Here is the website to find the clerk of the district court information for each county. You will file with the district court for your county; county courts cannot complete your name change.
After your case has been filed with the clerk of the district court, it will be assigned to a judge and given a case number. If you provided your email on the petition, this update will be emailed to you. You will need to determine the bailiff for your judge. The best way to do this is to type your judge’s name and the word bailiff into google. Contact the clerk if you are unable to find this online. Email or call the bailiff for your judge to schedule a hearing at least six weeks out from the date that you filed. The bailiff will need the case number and approximately when you would like the hearing. The court’s calendar will determine the available times, so anticipate taking off work or finding childcare, if need be. The bailiff will assign you a date and time for your hearing.
Nebraska law requires notice of adult name changes to be published in a newspaper of general circulation in your county for four consecutive weeks prior to the hearing. You will first need to complete this form and send it to a newspaper in your county that publishes legal notices. Complete the form as directed with information from your petition. The time and date blanks will be the time and date from the stamped petition that you received back from the clerk after you filed your petition. Include the location and the date and time of your hearing that you scheduled with the Bailiff. At the bottom where it says “Petitioner (print name)” be sure to put your current legal name.
After completing the form, contact a newspaper of general circulation in your county and tell them you would like to publish a legal notice. Most newspapers have an online form to request for publication, some will have a phone number or email address on their website for you to contact about getting your notice published. Work with the newspaper to publish the notice for four consecutive weeks. You do not have anything to do during those four weeks. Vibe!
After the notice has been published for four consecutive weeks, the newspaper will send you the Affidavit of Publication. You will need to send this to the Baillif and print out a copy to bring to your hearing.
Your hearing will be unopposed, there will be no one present in the court for the hearing other than you. The hearing will either be in person or virtual, depending on the judge’s preference. The hearing will last no more than 15 minutes. You do not have to be in a suit; wear something that you are comfortable in and is presentable.
Prior to the hearing, you will need to prepare a proposed decree. This is the order that will be signed by the judge to change your name, so make sure to double check the spelling! Complete the decree as directed on the form. Be sure to include the case number on the proposed decree and the name of the newspaper that you published the notice in. For the date blank, put the date from the stamp on the petition that you got back from the clerk. Print off two copies of the proposed decree.
Arrive fifteen minutes before your hearing is scheduled. At the hearing, the judge will call your case by reading the case number and the case caption. The judge will ask if you are ready to proceed and you will ask the court to swear you in to testify. You will provide the court with your prepared decree and a copy of the Affidavit of Publication. You should ask the judge if you can approach the bench to provide them with these documents. The court provides this script which you can then read to the judge. This script should be filled out as instructed in advance. For item four, you can use the same reasoning that you used in the petition. The judge may ask additional questions, but after that, the matter will be closed and the judge will sign your decree. Congrats! Your name is now legally changed, and you can pick up a certified copy of the decree from the clerk of the district court. Certified copies are needed to update your name at different places. Three certified copies is typically all that you will need, but you can always go back to the clerk to get more copies.
Legal process costs around $160 split between the filing fee for the petition and the cost of publication in the newspaper
Add the following: “A minor child is anyone under the age of nineteen in the state of Nebraska. Minors generally follow the same steps listed in the Adult Name Change section above. However, there are the following differences:
This link includes all the forms relevant to an adult name change in Nebraska.
The National Center for Transgender Equality resource hub provides information on the legal name change process for Nebraska.
The Professional Transgender Resource Network’s Nebraska-specific community resource outlines the legal name change process.
After filing the petition, the petitioner must publish notice of the filing in a local newspaper. Neb. Rev. Stat. § 25-21, 271 (2016). The adult who files the petition is required to attend a hearing in district court and to testify under oath to certain issues raised in the petition. Whether the minor is required, or permitted, to attend the hearing depends on the rules of the local court. Contact the clerk of the local court for information on a minor’s attendance at the hearing.
After you obtain a court order changing your name, you can update your name with the Department of Motor Vehicles.
State law requires you to change your name on your driver’s license within 60 days of your name change hearing. You cannot apply online for a name change; instead, you must go to your local DMV to change your name. This DMV page provides a guide of the documents needed to change your name and the associated costs. It is important to note that you provide the DMV with a certified copy of the court order changing your name. You can obtain certified copies of the court order by requesting them from the clerk at the courthouse that conducted the hearing.
To change your gender marker, you need to provide the DMV in-person this form signed by a licensed doctor of medicine, doctor of osteopathy, physician’s assistant, advanced practice nurses, or chiropractic doctor certifying that the applicant has undergone the necessary gender-affirming care procedures required for social gender recognition.
Although the form utilizes outdated language, it is quite broad in who can sign off on the gender-affirming care requirement and leaves discretion of what constitutes necessary medical care.
In 2009, the ACLU of Nebraska worked with the DMV to update forms that asked invasive medical questions for transgender people to change their gender marker. This process still requires licensed physician sign-off; however, the ACLU of Nebraska is committed to making these forms better represent Nebraskans and eliminating the invasive questions about an individual’s medical histories.
For more details on Nebraska Replacement License, Permit, and State ID Cards, visit this webpage. For additional information on LGBTQ+ care, visit Planned Parenthood and the University of Nebraska Medical Center transgender clinics.
If you were born in Nebraska, you are able to change your name and gender on your birth certificate; however, surgery is required to change the gender marker. Visit the State’s Vital Records Office and provide your name change court order. If you are also seeking a changed gender marker, bring a notarized letter from your surgeon stating the date of the procedure. When a name is changed on a birth certificate, the old name is crossed out and the new name is typed above it. The record will be sealed and can only be accessed by a court order. Also, bring a current ID and payment for fees. Changes to a birth certificate are $16.00 and copies of a birth certificate are $17.00 per copy.
If you are updating your legal name only (no gender marker update) on an existing valid passport, you will need to complete and submit to the State Department an Application for a Passport Renewal (Form DS-82), your most recent passport, a recent color photograph of yourself 2×2 inches in size, and a certified copy of your order for a name change.
There is a fee associated with renewing your U.S. passport, which can be calculated on the State Department’s Passport Fees webpage. You do not have to apply in person to change only your name on your passport.
In 2010, the Department of State announced a new policy for transgender individuals seeking to change their gender marker on their U.S. passports. Under this policy, a transgender person can obtain a passport reflecting their current gender by submitting a physician’s certification confirming that they have had appropriate clinical treatment for gender transition. No specific details are required about what type of treatment is appropriate for you and surgical treatment is not a requirement.
If you’re updating your gender marker on an existing passport or getting a passport for the first time, you will need to complete an Application for a U.S. Passport (Form DS-11). You will also need your physician to complete this letter confirming your gender transition.
To review all necessary documentation, visit the State Department’s page on gender marker changes. There is a fee associated with applying for or renewing your U.S. passport, which can be calculated on the State Department’s Passport Fees website.
Note you MUST take these documents and fees in-person to a Passport Acceptance Facility; there isn’t an option to mail these forms. To find an acceptance facility closest to you, visit the State Department’s Passport Acceptance Facility, Search Page.
The ACLU is working to further advance LGBTQIA+ rights by urging the Biden administration to issue an executive order to direct all federal agencies to add a nonbinary and gender-neutral X designation to all federal IDs and records and to remove documentation requirements for updating gender markers. Across the country, almost 40% of Americans live in jurisdictions that are now issuing state IDs with X markers, and almost 30% live in jurisdictions that issue birth certificates with an X designation. We need to get those numbers to 100%.
If you are updating your legal name only (no gender marker update) on an existing valid passport, you will need to complete and submit to the State Department an Application for a Passport Renewal (Form DS-82), your most recent passport, a recent color photograph of yourself 2×2 inches in size, and a certified copy of your order for a name change.
There is a fee associated with renewing your U.S. passport, which can be calculated on the State Department’s Passport Fees webpage. You do not have to apply in person to change only your name on your passport.
In 2010, the Department of State announced a new policy for transgender individuals seeking to change their gender marker on their U.S. passports. Under this policy, a transgender person can obtain a passport reflecting their current gender by submitting a physician’s certification confirming that they have had appropriate clinical treatment for gender transition. No specific details are required about what type of treatment is appropriate for you and surgical treatment is not a requirement.
If you’re updating your gender marker on an existing passport or getting a passport for the first time, you will need to complete an Application for a U.S. Passport (Form DS-11). You will also need your physician to complete this letter confirming your gender transition.
To review all necessary documentation, visit the State Department’s page on gender marker changes. There is a fee associated with applying for or renewing your U.S. passport, which can be calculated on the State Department’s Passport Fees website.
Note you MUST take these documents and fees in-person to a Passport Acceptance Facility; there isn’t an option to mail these forms. To find an acceptance facility closest to you, visit the State Department’s Passport Acceptance Facility, Search Page.
The ACLU is working to further advance LGBTQIA+ rights by urging the Biden administration to issue an executive order to direct all federal agencies to add a nonbinary and gender-neutral X designation to all federal IDs and records and to remove documentation requirements for updating gender markers. Across the country, almost 40% of Americans live in jurisdictions that are now issuing state IDs with X markers, and almost 30% live in jurisdictions that issue birth certificates with an X designation. We need to get those numbers to 100%.
Programs & services for LGBTQIA+ people and survivors of interpersonal violence in the UNO community
Informal transgender support group.
A support group for parents and caregivers raising gender expansive youth. Currently meeting via zoom.
Youth group specifically for gay, lesbian, bisexual, transgender and straight ally youth ages 13 to 23
RCGA seeks to further transgender acceptance through education, community outreach and social/legal advocacy to improve the lives of transgender and gender-diverse people both locally and nationwide.
Providing a welcoming, supportive community space with resources for the purpose of mutual inspiration, education, and connection
Informal support group for families with gender fluid children
Chameleons is a transgender support group located in Kearney, Nebraska. This group remains secret to protect the safety and privacy of their members.
Contact transfriendskearney@gmail.com for more information.
Empowers and celebrates thriving LGBTQIA+ communities
Improving school climate and championing LGBT issues in K-12 education
Advocacy and support in prison system (national headquarters in Omaha)
An inter-disciplinary coalition of professionals providing transgender education and advocacy
Produces a series of community-based Pride events
Developing academic and personal success, community, and leadership opportunities
Uniting LGBTQIA+ people with families, friends, and allies
Fighting for LGBTQIA+ rights through advocacy, education and community service
A development program for LGBTQIA+ early career professionals from the Omaha and Midwest region.
Free community closet that provides gender affirming clothing. Open Saturdays 10:00 am – 1:00 pm or by appointment.
7701 Pacific St. Suite 208, Omaha, NE 68114
Provides gender affirming care
Provides gender affirming care
Offers vocal training for transgender people
LGBTQIA+ health clinic & gender services
Candidates for the services meet with a speech-language pathologist to adapt or modify aspects of their communication so their self-expression more fully aligns with their gender identity.
Provides gender affirming care
A national peer support hotline, run by and for trans people
A youth-led organization dedicated to transforming the educational environment
A Guide for Supporting Transgender Students in K-12 Schools
A Guide for Parents and Lawyers
Advocates to change policies and society to increase acceptance of transgender people
The largest survey examining the experiences of transgender people in the U.S.
A snapshot of Nebraska’s equality profile
The ACLU of Nebraska addresses violations of civil rights and civil liberties. When determining whether to take a case, the ACLU of Nebraska will evaluate whether the situation raises significant civil liberties or civil rights issues and the possibility for legal action to impact larger social change.
The Williams Institute estimates that at least 5,600 transgender people live in Nebraska. Meet some transgender Nebraskans who shared their stories with us. These videos are available for showing at your classroom or event without cost.
