The Nebraska Supreme Court recently ruled that a law combining abortion restrictions with limitations on gender-affirming health care for minors does not violate the state’s constitutional amendment requiring bills to focus on a single subject. The majority of the court found that both abortion and transgender health fall under the subject of medical care, allowing for the combination of the two measures. The ruling came in response to a lawsuit brought by the ACLU representing Planned Parenthood of the Heartland challenging the law that has restricted abortion to 12 weeks of pregnancy and banned gender-confirming surgery and hormone treatments for transgender minors since 2023.
The controversial law originated from separate bills proposed by Republican lawmakers in the Nebraska Legislature, including an abortion ban at about six weeks of pregnancy and a bill restricting gender-affirming treatment for minors. After the six-week ban failed to pass, a 12-week abortion ban was added to the existing gender-affirming care bill to create a hybrid law. This combination sparked significant debate and triggered an epic filibuster in the 2023 legislative session by some lawmakers seeking to block the measure. The ACLU appealed the district judge’s dismissal of the lawsuit, arguing that the hybrid law violates Nebraska’s single-subject rule.
During arguments before the high court, the state’s attorney defended the combined measures by stating that both abortion and transgender care fell under the subject of health care. On the other hand, the ACLU attorney contended that the Legislature only combined the two issues after initially introducing them separately. Justice Lindsey Miller-Lerman issued a scathing dissent, accusing the majority of applying different standards to bills passed by the Legislature compared to those proposed by voter referendum. Despite the ruling, opponents, including the ACLU and Planned Parenthood, remain committed to fighting for abortion access and the rights of transgender youth in Nebraska.
The ruling was praised by Nebraska Governor Jim Pillen and the state’s attorney general, both Republicans, who supported the law combining abortion restrictions and gender-affirming care limitations. However, opponents, including the ACLU and Planned Parenthood, expressed disappointment and determination to continue advocating for reproductive rights and healthcare access for transgender individuals in the state. The decision reflects a broader trend in Republican-controlled states implementing various abortion bans following the Supreme Court’s overturning of Roe v. Wade in 2022, with Nebraska and North Carolina specifically imposing bans after 12 weeks of pregnancy.
There is ongoing debate and legal battles across states regarding access to abortion and gender-affirming care for minors, with Democratic-controlled states taking measures to protect such access. Voters in Nebraska may have the opportunity to weigh in on abortion access through ballot initiatives in the upcoming November election. Two questions are likely to be on the ballot, one proposing to add a right to abortion to the state constitution, while the other would enshrine the current 12-week ban in the constitution. The outcome of these ballot questions could have significant implications for reproductive rights and healthcare policies in Nebraska.
