Several state lawmakers on Wednesday denounced a complaint filed by an Omaha attorney against Sen. Megan Hunt alleging she could benefit financially if a bill banning gender-affirming care for minors fails in the Legislature.
Senators from either side of the political aisle condemned a complaint submitted to the Nebraska Accountability and Disclosure Commission by David Begley as “frivolous” and “malicious.” Others called it a deliberate attempt to intimidate and harass a lawmaker and her family.
Hunt
Begley lodged the complaint on March 24, a day after 33 senators voted to shut off debate and advance Omaha Sen. Kathleen Kauth’s priority bill (LB574). The bill would prohibit Nebraskans under the age of 19 from obtaining puberty blockers, hormone therapy, or gender-affirming surgeries.
Although Nebraska’s Medicaid policy explicitly excludes gender-affirming care, Begley alleges in his complaint Hunt and her child “have a slightly more than average chance of obtaining Nebraska Medicaid coverage” by filing a lawsuit should LB574 not pass.
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The bill was advanced to the third and final round of consideration on April 13 but hasn’t been scheduled for debate.
“If LB574 does not become law, then Senator Hunt’s immediate family member could receive a financial benefit with Medicaid paying for the medical services necessary to transition genders,” the complaint states.
After receiving Begley’s complaint, the Nebraska Accountability and Disclosure Commission initiated a preliminary investigation on March 28. The commission notified Hunt of the investigation and the steps that would be taken on Wednesday.
Hunt, who has been an outspoken opponent of LB574 and has joined in an effort to grind the progress of the Legislature to a halt until it is defeated, said the complaint was only part of what she has faced in a difficult session.
“The harassment is the point,” Hunt said.
Early Wednesday afternoon, Lincoln Sen. Danielle Conrad called the complaint “a hateful attack” and urged other senators to “draw a hard line,” referring to a previous instance where senators from either political party stood up against personal attacks made against a sitting lawmaker.
“Of course we all recognize and understand that people have a right to be as hateful as they want to be in their speech,” Conrad said. “But we have a free speech right and an obligation to meet hateful speech with more speech and to set a tone as leaders in this state to say this will not be tolerated.”
Sen. Wendy DeBoer of Bennington called the allegations made in Begley’s complaint “tenuous,” and said if taken seriously could require lawmakers to file conflict of interest reports on nearly all matters that come before them.
“That income tax bill we had the other day? I voted on that,” DeBoer said. “I’m not yet in that higher tax bracket, but if we lower that middle tax bracket, that could affect me, so I guess I failed to disclose that.”
DeBoer added all senators who own real property have benefited by property tax cuts passed by the Legislature in recent years, and noted senators have recently voiced support for certain bills based on their personal experiences as farmers or business owners.
Building on that point, Lincoln Sen. George Dungan pointed out the state statute governing conflicts of interest bills indicate senators aren’t required to file reports if the bills at hand impact “the public generally or a broad segment of the public.”
“The idea that Senator Hunt is benefiting in any way, shape or form specifically from the conversation around LB574 ignores the very crux of the argument that this doesn’t affect just her,” Dungan said. “It affects a large segment of the population.”
He and Omaha Sen. John Cavanaugh also said the way in which the ethics complaint system was being weaponized should alarm members of the Legislature and all Nebraskans.
“Today, it’s Senator Hunt, but tomorrow it could be anyone else,” Cavanaugh said. “If someone changes their vote because they are afraid someone is going to file a frivolous complaint against them, then I don’t know what we do here.”
Two Republican senators who have voted for cloture and to advance LB574 in the first two rounds of debate also condemned Begley’s complaint.
Sen. Tom Brandt of Plymouth, who sits next to Hunt in the chamber, said the "offensive complaint" using a legislator’s family member was "off limits."
“You can come after me, but stay away from my family,” said Brandt, who has supported LB574, but said he prefers an amendment that would only prohibit gender-affirming surgeries.
“It is so far out of bounds that it doesn’t merit discussion,” he added of the complaint against Hunt.
Speaker John Arch said he and other lawmakers have been the targets of name-calling, vitriol, and “hate speech” throughout the session from individuals who feel they have been given license to do so based on their passion for a particular issue.
While the 49 members of the Legislature know they will be the target of scrutiny and criticism, Arch asked Nebraskans watching to respect senators’ families: “They don’t get elected. We signed up to take the hits — they didn’t.”
Hunt said she was appreciative of the support but would rather have senators vote against Kauth’s bill.
“I want to see you vote in support of me,” she said. “Don’t say anything if you’re going to vote for that bill … you might not think this is a big deal, but this is what you’re doing. Open your eyes.”
The Nebraska Accountability and Disclosure Commission asked Hunt to preserve evidence for its review in the confidential investigation, which could result in a civil and not a criminal penalty.
Based on its findings of its investigation, the commission can redirect or terminate the proceedings.
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Reach the writer at 402-473-7120 or cdunker@journalstar.com.
On Twitter @ChrisDunkerLJS
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Nebraska senators denounce complaint filed against Hunt alleging conflict of interest in transgender care bill - Lincoln Journal Star
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