In a significant legal development, Planned Parenthood and an abortion doctor have filed a lawsuit against Nebraska for its recently passed ban on gender-affirming care. The ban, which prohibits gender-affirming healthcare for minors, has drawn criticism for its potential violations of the state’s constitution and its impact on abortion healthcare providers and their patients. The state’s affiliate of the American Civil Liberties Union (ACLU) has taken up the case, asserting that the ban not only infringes upon the constitutional rights of individuals but also flouts the principle of single-subject legislation.
The lawsuit, filed by the ACLU on behalf of Sarah Traxler, chief medical officer for Planned Parenthood North Central States, argues that the ban violates Article 3, Section 14 of the Nebraska constitution, which explicitly states that a bill should have a single subject clearly expressed in its title. By combining the ban on gender-affirming care with a 12-week abortion ban amendment, the state Republicans violated this constitutional provision. The lawsuit contends that bills breaching this rule are deemed “null” and lack legal binding force based on previous legal judgments.
Moreover, the amendment’s emergency clause caused the ban to go into immediate effect upon Governor Jim Pillen’s signature. This hasty implementation drastically reduced the time window for legal abortions in Nebraska from 22 weeks to 12 weeks. The lawsuit emphasizes that this arbitrary time limit poses a significant obstacle to individuals seeking abortions, particularly those who may require more time due to irregular menstrual cycles, lack of pregnancy symptoms, financial constraints, domestic abuse, or the trauma of sexual assault.
Furthermore, the ban poses a severe threat to the livelihoods of medical professionals performing abortions. Physicians now face mandatory forfeiture of their medical licenses and civil fines of up to $20,000 per abortion. Dr. Traxler and other abortion providers are directly impacted by this law, which jeopardizes both their professional careers and the well-being of individuals seeking abortion care. The ACLU’s lawsuit aims to invalidate the law and prevent its enforcement while the case proceeds through the legal system.
Although the ban primarily focuses on prohibiting gender-affirming surgeries for individuals under the age of 19, it also grants authority to Nebraska’s chief medical officer, Timothy Tesmer, to regulate the use of hormones and puberty blockers for minors. Given Tesmer’s expressed opposition to gender-affirming procedures for minors, advocates are concerned that he may attempt to restrict their access to crucial medical care. This contentious issue adds further complexity to the ongoing legal battle surrounding Nebraska’s ban on gender-affirming care.
As the lawsuit unfolds, its outcome will hold significant implications for LGBTQ+ individuals, reproductive rights, and healthcare providers in Nebraska. The debate surrounding the ban’s constitutionality and the potential repercussions it carries underscores the need for robust legal protection and support for marginalized communities seeking inclusive and affirming healthcare.