Nebraska Supreme Court upholds bans on abortion, gender-affirming surgeries

LINCOLN, Neb. (KLKN) – The Nebraska Supreme Court on Friday ruled to uphold the bans on abortion and gender-affirming surgeries.

Planned Parenthood of the Heartland filed the lawsuit last year, arguing that Legislative Bill 574 violates the state constitution’s single-subject rule.

In a statement, Gov. Jim Pillen said he was “grateful for the court’s thorough and well-reasoned opinion upholding these important protections for life and children in Nebraska.”

“There was a dark moment last year when many feared that a victory for unborn babies was impossible and that the pro-life coalition might break apart,” Pillen said. “I was honored to partner with faithful allies and leaders across the state to combine the abortion ban with protections for kids against irreversible sex change surgeries.”

LB 574 bans abortion after 12 weeks of gestation, with exceptions for rape, incest and medical emergencies.

It also prohibits gender-affirming surgeries for people under 19.  The bill was signed into law on May 22, 2023.

Shortly after Pillen signed the bill, Planned Parenthood of the Heartland — along with the American Civil Liberties Union of Nebraska — filed the lawsuit.

In August, Lancaster County District Judge Lori Maret said the Nebraska Supreme Court interpreted the single-subject rule liberally and dismissed the case.

But a week later, Planned Parenthood of the Heartland and its medical director, Dr. Sarah Traxler, filed a notice of appeal to the Nebraska Supreme Court.

Mindy Rush Chipman, executive director of the ACLU of Nebraska, said in a statement that the group “respectfully” disagrees with the ruling.

“But looking beyond the legal arguments of this specific case, it is so important that Nebraskans do not lose sight of the impact of these restrictions,” Chipman said. “Nebraskans have been harmed every week since the governor signed LB 574 into law. That will continue under today’s ruling. However, this case will not be the final word on abortion access and the rights of trans youth and their families in Nebraska. Despite this loss, we will continue to do all that we can to ensure that Nebraskans can make their own private decisions about their lives, families and futures.”

Earlier this month, the Protect Our Rights initiative — which would repeal the current ban and provide a right to abortion under the state constitution — turned in over 207,000 signatures to the Nebraska Secretary of State’s Office.

On the other side, the Protect Women and Children initiative submitted more than 205,000 signatures.  It seeks to put the state’s current abortion restrictions in the constitution.

If both petitions move forward and appear on the ballot, it’s possible that voters could approve both.

In that case, the secretary of state said the one with the most votes will prevail.

SEE ALSO: More than 200,000 sign dueling Nebraska abortion petitions, likely setting up November battle