The Nebraska Supreme Court has ruled that a law combining abortion restrictions with limitations on gender-affirming care for minors does not violate the state’s single-subject rule. Planned Parenthood and the ACLU had challenged the law, which restricts abortion to 12 weeks and bans gender-confirming surgery for minors, but the court upheld the legislation. Chief Justice Mike Heavican wrote that the law falls under the subject of medical care, allowing for the combination of abortion and transgender health measures.
The ruling stemmed from a controversial law passed by the GOP-dominated Nebraska Legislature in 2023, which triggered an epic filibuster. Justice Lindsey Miller-Lerman dissented, accusing the majority of applying different standards to legislative bills and voter referendums. Opponents of the ruling, including ACLU Nebraska and Planned Parenthood North Central States, vowed to continue fighting for abortion access and transgender rights in Nebraska.
Governor Jim Pillen and the state’s attorney general praised the ruling, noting that it was a privilege to sign the law into effect. The decision comes as many Republican-controlled states are implementing various abortion bans following the U.S. Supreme Court’s overturning of Roe vs. Wade in 2022. Nebraska and North Carolina are among the states with bans after 12 weeks of pregnancy.
The issue of abortion access is likely to be put before Nebraska voters in November, with competing propositions that would either enshrine a right to abortion or uphold the state’s current 12-week ban in the state constitution. Meanwhile, several Democratic-led states are taking steps to protect access to abortion and gender-affirming care.
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