The Nebraska Supreme Court has upheld a law that limits transgender medical procedures for minors and bans abortion after 12 weeks. This decision comes following a lawsuit filed by the American Civil Liberties Union (ACLU) representing Planned Parenthood.
Nebraska’s LB574, a hybrid bill known as the Adopt the Let Them Grow Act and the Preborn Child Protection Act, emerged after a six-week abortion ban failed to overcome a filibuster.
In response, Republican lawmakers added a less restrictive measure to an existing bill, aiming to halt “gender-affirming treatment” for minors, according to the Associated Press.
Representing Planned Parenthood of the Heartland, the ACLU sued due to the bill containing more than one subject — a point that was rejected by the state’s highest court on Friday.
The court recognized that abortion and gender-transition procedures “are distinct types of medical care,” but ruled that the law does not violate Nebraska’s single-subject rule since both issues fall under the broader category of medicine.
“Ultimately, if a bill has but one general object, no matter how broad that object may be, and contains no matter not germane thereto, and the title fairly expresses the subject of the bill, it does not violate'” the state constitution’s single-subject rule, Chief Justice Mike Heavican wrote in his opinion for the court.
In a “scathing” dissent, as described by the Associated Press, Justice Lindsey Miller-Lerman accused the majority of hypocrisy. She referenced a 2020 ruling that blocked a ballot initiative to legalize the use and production of medical marijuana on the grounds that it violated the single-subject rule.
“It was the duty of the Legislature … to compose legislation, including titling, which stated ‘one subject’; failure to so compose renders the bill unconstitutional,” Miller-Lerman wrote. “It is not the role of this court to rescue legislative bills.”
An ACLU attorney argued that the state legislature had already acknowledged abortion and transgender care, including hormones and surgeries, as separate issues when they were initially introduced as distinct topics.
Gov. Jim Pillen (R) gave “thanks to God” in response to the court’s ruling in a statement obtained by KETV:
I am grateful for the court’s thorough and well-reasoned opinion upholding these important protections for life and children in Nebraska.
There was a dark moment last year when many feared that a victory for unborn babies was impossible and that the pro-life coalition might break apart.
I was honored to partner with faithful allies and leaders across the state to combine the abortion ban with protections for kids against irreversible sex change surgeries.
We worked overtime to bring that bill to my desk, and I give thanks to God that I had the privilege to sign it into law.
I immediately directed our state government agencies to swiftly bring these protections into effect. I am grateful for their work and for the work of the Attorney General to defend it.
Attorney General Mike Hilgers (R), who was named in the lawsuit, wrote:
We are grateful for the work of the Court, and its ruling upholding the constitutionality of L.B. 574. The Legislature passed Nebraska’s 12-week abortion ban and its ban on gender-altering procedures for minors, and we are pleased that the Court upheld the constitutionality of the Legislature’s work.
In Nebraska, anyone under the age of 19 is considered a minor — so even 18-year-olds will not be able to obtain sex-change surgeries.
Meanwhile, Planned Parenthood has vowed to continue providing abortion up to 12 weeks, the outlet reported.
“We will never stop fighting for freedom, bodily autonomy and the health of our communities,” said Ruth Richardson, president and CEO of Planned Parenthood North Central States.
“This is devastating news for impacted Nebraskans, but it won’t be the final word on abortion access or the rights of trans youth and their families in Nebraska,” said the state’s ACLU chapter on X.
“We’ll continue doing all we can to ensure that these decisions rest with Nebraskans, not the government,” the organization added.
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