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.
People are also reading…
“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.”
Our best Omaha staff photos & videos of August 2023

From left: Rep. Adrian Smith, R-Neb Sen. Pete Ricketts, R-Neb Rep. Mike Flood, R-Neb listen to Sen.Deb Fischer, R-Neb speak at the Federal Legislative Summit at the Strategic Air Command & Aerospace Museum on Tuesday, Aug. 8, 2023.

From left: Nebraska freshman Bergen Reilly, Caroline Jurevicius, Laney Choboy, and Andi Jackson all react to a photo that Nebraska Director of Photography Scott Bruhn just took of them on team picture day at the Bob Devaney on Monday, Aug. 7, 2023.

Special Teams Coordinator Ed Foley watches the team during practice at Memorial Stadium in Lincoln on Tuesday.

Players’ silhouettes during practice at Memorial Stadium in Lincoln on Tuesday.

Dancers from the New Legacy Souljaz perform during the Native Omaha Days Parade in Omaha on Saturday.

Chris Beck, 5, plays Connect 4 during the Family Fun Day in Omaha on Saturday.

Father Steven Boes prepares to end the new Boys Town Education Center after the ribbon-cutting ceremony on Thursday, Aug. 3, 2023.

Father Steven Boes speaks before the ribbon cutting of the new Boys Town Education Center on Thursday, Aug. 3, 2023.

Water shoots out of a storm drain on Saddle Creek Road near Pacific Street during a morning downpour on Wednesday, Aug. 2, 2023.

Heavy rains caused traffic barrels to float onto a storm drain on Saddle Creek Road north of Farnam Street on Wednesday, Aug. 2, 2023.

Paul Elbert, 2, of Council Bluffs, plays in the rain near a Pottawattamie County Sheriff’s Office vehicle during the 40th annual National Night Out get-together at Tom Hanafan River’s Edge Park in Council Bluffs on Tuesday. National Night Out is community-building event meant to promote positive relationships between police and neighbors.

Adonis Marcial Rodriguez, 20, trains with posters from Terence ‘Bud’ Crawford’s past fights hanging over him at B&B Sports Academy near 30th and Sprague Streets in Omaha on Monday. After victory in a fight on Saturday night, Omaha-native and co-founder of the gym, Crawford is the undisputed welterweight champion boxer.
Kendall Reed and Cole Lange place their lanterns in the pond during the Water Lantern Festival on the Gene Leahy Mall in Omaha on Saturday.
Connor Raastad, 12, shows Nebraska defensive lineman Ty Robinson (99) how to put on Connor’s corn hat during fan day at the Hawks Championship Center in Lincoln on Sunday.
ebamer@owh.com Twitter @ErinBamer