Nebraska Supreme Court upholds state’s 12-week abortion ban and transgender care restrictions

LINCOLN, Neb. (KOLN) – The Nebraska Supreme Court ruled in favor of the state’s 12-week abortion ban and transgender care restrictions on Friday.

A lawsuit brought by Planned Parenthood of the Heartland and its medical director, Dr. Sarah Traxler, in May 2023 claimed LB 574 violated the “no bill shall contain more than one subject, and the subject shall be clearly expressed in the title” rule in the Nebraska State Constitution.

LB 574 allowed Nebraska’s chief medical officer the ability to regulate transgender care for minors, and a last minute amendment tacked a 12-week abortion ban onto it. Governor Jim Pillen signed the bill into law on May 22, 2023.

The Supreme Court Justices peppered lawyers with the ACLU and State of Nebraska with questions about the constitutionality of LB 574 pertaining to the single-subject rule earlier this year.

In an opinion issued Friday morning, the Supreme Court found no merit to Planned Parenthood’s argument that the bill contained more than one subject, affirming a district court decision in 2023.

The state’s high court acknowledged in its ruling that abortion and gender-affirming care “are distinct types of medical care,” but found the law does not violate Nebraska’s single-subject rule because both abortion and transgender health fall under the subject of medical care, the AP reported.

The ACLU of Nebraska highlighted Justice Lindsey Miller-Lerman’s dissent from the majority’s interpretation of the single-subject requirement.

Justice Miller-Lerman accused the majority of applying different standards to bills passed by the Legislature and those sought by voter referendum.

The ACLU of Nebraska released the following statement:

“We respectfully disagree with the court majority’s determination, and we had of course hoped for a very different outcome,” Mindy Rush Chipman, executive director of ACLU of Nebraska, said. “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. 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.”

Pillen, who pushed for the bill to be passed, released a statement following the Court’s decision:

“I am 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. 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. We worked overtime to bring that bill to my desk, and I give thanks to God that I had the privilege to sign it into law. I immediately directed our state government agencies to swiftly bring these protections into effect. I am grateful for their work and for the work of the Attorney General to defend it,” Pillen said.

Attorney General Mike Hilgers also commended the Court on its ruling.

“The Legislature passed Nebraska’s 12-week abortion ban and its ban on gender-altering procedures for minors, and we are pleased that the Court upheld the constitutionality of the Legislature’s work,” Attorney General Mike Hilgers said.

Read the full Nebraska Supreme Court opinion below:

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