The Nebraska Supreme Court has ruled that a law combining abortion restrictions and limitations on gender-affirming care for minors does not violate the state constitution. The law, which restricts abortions to 12 weeks of pregnancy and bans gender-confirming surgeries and hormone treatments for transgender minors, was challenged by the American Civil Liberties Union (ACLU) and Planned Parenthood. They argued that the combined legislation violated Nebraska’s single-subject rule, which requires bills to focus on one topic.
Chief Justice Mike Heavican, writing for the majority, stated that both abortion and transgender health care fall under the broader category of medical care. The court’s decision was grounded in an 1895 ruling that allows for a broad interpretation of what constitutes a single subject in legislation. Heavican noted that as long as a bill has one general objective and its title reflects that, it complies with the constitutional requirement.
The controversial law faced significant opposition and sparked a filibuster in the Nebraska Legislature. Originally, there were separate bills for a six-week abortion ban and restrictions on gender-affirming care. After the six-week ban failed to overcome a filibuster, legislators combined it with the gender care restrictions into a single law that ultimately passed.
In a dissenting opinion, Justice Lindsey Miller-Lerman criticized the majority for applying different standards to legislative bills and voter referendums. She highlighted a previous court decision that blocked a medical marijuana ballot initiative for violating the single-subject rule. Miller-Lerman accused the majority of giving undue leniency to the Legislature at the expense of constitutional integrity.
The ruling has drawn sharp reactions from both sides of the issue. Mindy Rush Chipman, Executive Director of ACLU Nebraska, expressed disappointment, stating that the fight for abortion access and transgender rights in Nebraska is far from over. Ruth Richardson, President of Planned Parenthood North Central States, condemned the decision, citing the harm it has already caused to marginalized communities, including those in rural areas and people of color.
Nebraska Governor Jim Pillen and the state attorney general praised the court’s decision. Governor Pillen emphasized his role in integrating the 12-week abortion ban with the gender-affirming care restrictions, expressing gratitude for the opportunity to sign it into law.
The ruling places Nebraska alongside other Republican-controlled states that have enacted similar restrictions following the U.S. Supreme Court’s overturning of Roe v. Wade in 2022. Currently, fourteen states have total abortion bans, with varying gestational limits, while twenty-two states have restrictions on gender-affirming care for minors.
The legal battle over these combined restrictions highlights the ongoing national debate on reproductive rights and transgender health care. With both issues poised to appear on the Nebraska ballot in November, voters may ultimately decide the future of these contentious laws.