Northeast Nebraska parents are denied a family gym membership at their local YMCA. The reason? The Y in Norfolk has a policy that doesn’t permit family memberships for same-sex couples.

But “9 Investigates” has discovered the Norfolk YMCA’s policy appears to be somewhat arbitrary in nature, and also doesn’t square with the practices of Siouxland’s largest YMCA in South Sioux City.

“She said our policy doesn’t cover same-sex couples getting a family membership. If you were to want a family membership, you cannot apply for one being the same sex. You can apply for one being a single parent and then we’d split the kids apart. She would take a couple kids, I would take a couple kids and that’s how we’d have to apply for a membership,” says Shannon Svoboda.



“And your response when she said that?” asks KCAU 9’s Jamie Perez.



“Are you f*****g serious?” says Shannon.



In 2015, the US Supreme Court ruled same-sex marriage legal in all 50 states. Even though it’s legal to be married, same-sex couples still don’t receive equal treatment in some facilities.



“We are like everybody else. Our kids are like everybody else. We have a normal life. We go to work, we come home, we take care of our children. This was just something extra that we wanted to have more family time doing extra activities and now we have to jump through this hoop and we shouldn’t have to,” says Nikki Svoboda.



Shannon and her wife Nikki are legally married. “9 investigates” confronted the Executive Director of the YMCA in Norfolk about the decision to deny membership to the Svoddas. At first, he claimed the facility had never turned anyone away for being a same-sex couple.



“Our mission has always been to extend access to our facility and programs to the greatest number of people possible. We have always attempted to develop policies with Nebraska law in mind. We’ve never denied membership to anyone based on sex, race, marital status or sexual preference,” says Randy Hagedorn, YMCA Executive Director.



Then Hagedorn changed his story with “9 investigates” claiming this was actually the first time a same-sex couple had ever asked for a family membership at this YMCA gym.



“I don’t understand what the big deal is and what the difference is. We’re just like every other family that goes in there applying for a membership,” says Nikki.



Hagedorn says that the policies on family membership eligibility are made by the Norfolk YMCA’s board, but he admitted to “9 investigates” that ultimately he does have the power to grant membership to anyone who walks through the door.



Jamie Perez asks “So on a day to day basis, you aren’t allowed to make any exceptions for anybody? You have to go through the board before you accept anybody? Or are you allowed to make those decisions?”



“No. I can make those decisions,” says Hagedorn.



“So you’re allowed to make those decisions, and you say you’ve never turned a same-sex couple away before, so what would be your defense against the discrimination argument?” asks Jamie Perez.



“Um, no comment on that at this point,” says Hagedorn.



“He doesn’t know what to do. I think he’s backed in a corner because he knows it is discriminating and there should be no reason for it but Norfolk is a small town and people still have their views and opinions. Legally, everything changed. But just because it changed legally, doesn’t mean it changed in everyone’s minds,” says Nikki.



Individual YMCA’s are allowed to set their own membership criteria. At the Norm Waitt Sr. YMCA in South Sioux City, they take a much different view than their counterparts in Norfolk.



“At the Norm Waitt Sr. YMCA, we’re open to everyone. We’re non-discriminatory. We feel like everyone should feel like they belong here whether that’s based off religion, sexual orientation, whatever. Everyone belongs at the Y. They are entitled to their own beliefs and rights and someone set that standard at their facility just like we set ours here. So we did ours based on what we thought was right and we’re going to continue to enforce that and our policies,”says Ryan Martinez, Director of Communications at the Norm Waitt Sr. YMCA.



The Norfolk YMCA turning Shannon and Nikki away has more impact than just on the two of them, it impacts their children as well.



“When they were turned down just because they were married and a same-sex couple, it’s kind of upsetting because I just don’t think it’s fair. It’s perfectly legal for them to get married but they still don’t have the same rights as everybody else,” says 13 year-old Desiree Carlson, Shannon and Nikki’s daughter.



Hagedorn says the couple is welcome to come speak with him about the issue anytime, but for Shannon and Nikki, they say they just want to go somewhere where their sexual orientation isn’t a factor in whether or not they can use a facility.



“If they’re not open enough to let our family be there because of their own personal religious preferences, obviously that’s not something I want to expose my

children to,” says Nikki.