Planned Parenthood of the Heartland and its medical director, Dr. Sarah Traxler, are escalating their efforts by appealing the dismissal of their lawsuit against a Nebraska law that enforces a strict ban on most abortions after the 12-week mark of pregnancy and imposes limitations on gender-affirming care for transgender individuals under the age of 19.
Their contention is that the law infringes upon the Nebraska constitution, which expressly stipulates that legislative measures should address a solitary subject. Attorney General Mike Hilgers, in response, asserted that the legislation aligns with the constitution as both abortion restrictions and transition procedures pertain to healthcare. Lancaster County District Court Judge Lori Maret sided with Hilgers, leading to the dismissal of the lawsuit on August 11. Lancaster County encompasses Lincoln, the state’s capital.
In response to the ruling, Planned Parenthood and Dr. Sarah Traxler have taken their case to the Nebraska Supreme Court by filing a notice of appeal. They have enlisted the legal representation of the American Civil Liberties Union (ACLU), its Nebraska branch, and Powers Law.
The contentious issue of trans care restrictions had faced a filibuster spearheaded by Senator Machaela Cavanaugh, who vowed to obstruct any pending legislation in Nebraska’s single-chamber, ostensibly nonpartisan legislature, with the intention of preventing the anti-trans measure from advancing. Despite this effort, fellow lawmakers eventually managed to overcome the filibuster. The legislature amalgamated the 12-week abortion ban with the anti-trans bill, Legislative Bill 574, passing the combined measure in May. Governor Jim Pillen, a Republican, promptly signed it into law. While the abortion ban took immediate effect, the trans care regulations are slated to become operative on October 1.
The limitations on gender-affirming care have undergone modifications since their initial introduction, yet critics contend that they still harbor the potential for significant harm. Originally, the bill sought to proscribe puberty blockers, hormone treatment, and gender-confirmation surgery for individuals under 19 seeking transition, although genital surgery on minors is exceedingly rare. The revised legislation exclusively outlaws surgery, encompassing both genital and non-genital procedures, while authorizing Nebraska’s chief medical officer to oversee the usage of puberty blockers and hormones.
This medical officer, Timothy Tesmer, appointed by Governor Pillen, has publicly expressed his opposition to all gender-affirming procedures for minors, suggesting that entrusting him with this authority could lead to a policy as restrictive as the initial version of LB 574, or even more stringent, according to opponents. Those already undergoing nonsurgical care are exempt from the impending regulations.
Ruth Richardson, President and CEO of Planned Parenthood North Central States, encompassing Planned Parenthood of the Heartland, asserted in a press release, “We will never stop fighting for the reproductive freedom, bodily autonomy, and health of our Nebraska communities.” She emphasized the commitment to offering abortion care within the legal 12-week limit and facilitating access to essential care for other Nebraska patients. Richardson concluded by affirming the principle that the right to control one’s body, health, and future should transcend geographical boundaries.
Mindy Rush Chipman, Executive Director of the ACLU of Nebraska, expressed hope that the Nebraska Supreme Court will uphold the state’s constitutional provision that “no bill shall contain more than one subject.” She reiterated the organization’s dedication to advocating for the rights of Nebraskans and their determination to challenge both the abortion ban and the limitations on gender-affirming care for transgender youth.