Headline is clickbait. The executive order does not define men as “bigger, stronger, and faster,” and the headline contains zero information about how the executive order actually does define “sex”. This shit really gets under my skin. Misinformation like this makes it more difficult to educate people about what is wrong with the system, why it needs to be changed, and the actions necessary to change it. It greatly reduces a person’s ability to advocate for a cause effectively.

The bigger, stronger, faster part is in the section of the order called the preamble, not part of the definition. The preamble is all the WHEREAS shit you see at the beginning of bills and explains the rationale for the bill, or executive order as is the case here.

A preamble may be inserted between the title and the enacting clause of a bill for multiple reasons: to explain the state of affairs that caused the bill to be introduced; to make clear the purpose of the bill; as a sales pitch to improve the chances of enactment; or to serve some other purpose of the sponsor. A preamble is not a part of the enacted bill. [source - pdf warning]

In this instance, the preamble is grandstanding, and the article even refers to it as such:

Nebraska governor Jim Pillen, a Republican not noted as a women’s rights supporter, yesterday issued an executive order “defining” males and females and the attributes thereof. The anti-transgender political grandstanding offers fusty explanations of the sexes–men are “bigger, stronger and faster” on average–in pursuit of Rowling-esque calls for sexual segregation (and even echoing her ostensibly feminist rationales) and not a lot else.

Here’s the preamble, which doesn’t mean shit:

WHEREAS, males and females possess unique and immutable biological differences that manifest prior to birth and increase as they age and experience puberty;
WHEREAS, biological differences between the sexes mean that males are, on average, bigger, stronger, and faster than females;
WHEREAS, women have achieved inspirational and significant accomplishments in education, athletics, and employment;
WHEREAS, biological differences between the sexes are enduring and may, in some circumstances, warrant the creation of separate social, educational, athletic, or other spaces in order to ensure safety and/or to allow members of each sex to succeed and thrive; and
WHEREAS, inconsistencies in court rulings and policy initiatives with respect to the definitions of “sex,” “male,” “female,” “man,” and “woman” have led to endangerment of single-sex spaces and resources, thereby necessitating clarification of certain terms.

This is the part that contains information about defining someone’s “sex”, and is actually enacted:

NOW, THEREFORE, I, Jim Pillen, Governor of the State of Nebraska, under and pursuant to the authority vested in the Governor by the Constitution and the laws of the State of Nebraska, do hereby order and direct the following:

1. In the promulgation of administrative rules, enforcement of administrative decisions, and the adjudication of disputes by administrative agencies, boards, and commissions, all state agencies, boards, and commissions when using the following terms shall, to the fullest extent permitted by law, define them as follows:
   a. a person’s “sex” is defined as his or her biological sex (either male or female) at birth;
   b. a “female” is an individual whose biological reproductive system is developed to produce ova; a “male” is an individual whose biological reproductive system is developed to fertilize the ova of a female;
   a. [sic] “woman” and “girl” refer to human females, and the terms “man” and “boy” refer to human males;
   b. [sic] the word “mother” is defined as a parent of the female sex and “father” is defined as a parent of the male sex;
2. There are legitimate reasons to distinguish between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, and other areas where biology, safety, and/or privacy are implicated;
3. Any public school or school district and any state agency, department, or office that collects vital statistics for the purpose of complying with antidiscrimination laws or for the purpose. of gathering accurate public health, crime, economic, or other data shall identify each individual who is part of the collected data set as either male or female at birth.
   This Executive Order shall become effective immediately and shall expire upon the effective date of state law governing participation of biological males in female athletics and prescribing environments where single-sex dedicated services and/or facilities should be provided.
   IN WITNESS THEREOF, I hereunto set my hand and cause the Seal of the State of Nebraska to be affixed this 30^th day of August, 2023.