LINCOLN — A Lancaster County District Court judge on Friday granted a motion to dismiss a lawsuit challenging a new law that increases restrictions on abortions and gender-affirming care for minors, but an appeal is likely on the horizon.
Judge Lori Maret filed her decision Friday after hearing arguments from lawyers for Planned Parenthood of the Heartland and the Nebraska Attorney General’s Office last month. The lawsuit claimed the law, enacted through Legislative Bill 574, violated the State Constitution’s single-subject rule.
In her decision, Maret sided with the state’s arguments that all regulations within LB 574 fell under the category of health care.
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“We are thankful for the court’s thoughtful analysis and recognition of the Legislature’s prerogatives and processes,” Nebraska Attorney General Mike Hilgers said in an email. “As a result of today’s order, LB 574 remains law in Nebraska.”
Planned Parenthood sought a temporary injunction through the challenge to halt the enforcement of the 12-week gestational ban on abortions, which took effect immediately, while the gender-affirming care restrictions won’t begin until October. Maret’s decision keeps the abortion restrictions in place.
In response to the decision, the American Civil Liberties Union of Nebraska — which supplied most of the lawyers representing Planned Parenthood — immediately stated their intent to appeal the decision.
Ruth Richardson, CEO of Planned Parenthood North Central States, in an email statement described the decision as “a devastating blow” to Nebraskans’ rights. She said LB 574’s abortion restrictions will primarily hurt people of color, rural residents and low-income households.
“We will never stop fighting for the freedom, bodily autonomy and health of our communities,” Richardson said.
The final version of LB 574 that was signed into law in May immediately banned abortions after 12 weeks based on gestational age, and will restrict hormone therapy and puberty blockers for individuals under 19 starting Oct. 1, while also banning gender-affirming surgeries for the same age group.
The bill started out as an attempt solely to ban gender-affirming care for people under 19, while a separate bill sought to ban abortions after embryonic cardiac activity could be detected, at about the six-week mark. But the abortion measure, LB 626, was blocked when supporters failed to get enough votes to cut off a filibuster.
Supporters then combined the two topics into an amendment that replaced the original language of LB 574.
Gov. Jim Pillen called the resulting bill an “important law” and said he was grateful for Friday’s decision.
“I was proud to sign into law a measure that protects kids and defends the unborn, and I am pleased that it has been upheld,” he said.
Opponents had a different view.
“We strongly disagree with the court’s conclusion,” said Mindy Rush Chipman, executive director of the ACLU of Nebraska. “State senators combined unrelated restrictions into a single bill in their rush to take away Nebraskans’ rights.”
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