Nebraska Supreme Court Upholds Law Restricting Abortion and Transgender Youth Medical Care

The Nebraska Supreme Court upheld a law on Friday that combines restrictions on abortion with measures limiting gender-affirming health care for minors. The court ruled that the law does not breach the state constitutional amendment requiring bills to address only a single subject.

While acknowledging that abortion and gender-affirming care are distinct, the majority opinion determined that both fall under the broader category of medical care. Chief Justice Mike Heavican, writing for the court, referenced a passage from a 1895 ruling to support the finding that a bill with a single general object, even if broad, adheres to the state constitution’s single-subject rule as long as it is clearly expressed.

The case was brought by the American Civil Liberties Union (ACLU) on behalf of Planned Parenthood of the Heartland. The ACLU argued that the combined law violated Nebraska’s single-subject rule. However, the court rejected this argument, upholding the law.

The law, combining a 12-week abortion ban with restrictions on gender-affirming care, emerged from the Nebraska Legislature’s 2023 session. Initially, separate bills were proposed: one for an abortion ban at around six weeks and another to restrict gender-affirming treatments for minors. After the six-week ban faced a filibuster, the Legislature incorporated it into the gender-affirming care bill.

The law faced significant controversy, including a prolonged filibuster by a few lawmakers trying to block its passage. A district judge had previously dismissed the lawsuit challenging the law, leading to the ACLU’s appeal.

During arguments before the high court, the state’s attorney argued that the combined measures fell under the subject of health care, while Planned Parenthood contended that the Legislature treated abortion and transgender care as separate subjects initially.

Justice Lindsey Miller-Lerman’s dissent criticized the majority for applying different standards to legislative bills compared to voter referendums, citing a 2020 case that blocked a medical marijuana initiative for violating the single-subject rule. She accused the majority of favoring legislative flexibility over constitutional adherence.

Following the U.S. Supreme Court’s 2022 overturn of Roe v. Wade, many Republican-controlled states have enacted various abortion bans. Currently, fourteen states ban abortion at all stages with some exceptions, and three others impose bans after about six weeks. Nebraska and North Carolina have introduced bans at 12 weeks.

Additionally, many GOP-controlled states have enacted restrictions on gender-affirming care for minors, with twenty-two states currently enforcing such measures. In contrast, several Democratic-controlled states have worked to safeguard access to both abortion and gender-affirming care.

In Nebraska, voters may ultimately decide the future of abortion access, with two questions likely to appear on the November ballot: one to add a right to abortion to the state constitution and another to enshrine the current 12-week ban.