In a significant ruling, the Nebraska Supreme Court voted 6-1 to uphold a ban on gender-affirming care and abortion restrictions beyond 12 weeks of pregnancy.
The case, Planned Parenthood of the Heartland v. Hilgers, challenged Legislative Bill 574, which restricts abortions after 12 weeks and limits gender-affirming care for minors. The Nebraska legislature passed the bill in 2023, and it was signed into law by the governor in May. In response, the ACLU of Nebraska, representing Planned Parenthood of the Heartland, filed a lawsuit against Attorney General Michael Hilgers.
The ACLU contended that the bill violated the Nebraska Constitution’s single-subject rule, which mandates that a bill should focus on only one subject. However, the court found that both abortion and gender-affirming care are medical procedures, making it acceptable for the bill to address both issues.
The court stated, “We disagree with Planned Parenthood’s contention that it is not possible to identify a single purpose of L.B. 574 that withstands single subject scrutiny. L.B. 574 does regulate both abortion and gender-altering care, but both abortion and gender-altering care are medical procedures, and L.B. 574 prescribes rules that define if and when such procedures can be performed.”
Justice Lindsey Miller-Lerman was the sole dissenter, offering a partial dissent. She argued that the bill’s unrelated provisions did not adequately meet the single-subject requirement, stating, “Unrelated provisions that happen to do similar things at some level of generality do not dispel the criticism that the bill contains more than one subject.”
Mindy Rush Chipman, executive director of ACLU of Nebraska, expressed disappointment with the ruling. “We respectfully disagree with the court majority’s determination, and we had hoped for a different outcome. However, it is crucial that Nebraskans remain aware of the impact these restrictions will have. Nebraskans have been affected every week since the governor signed LB 574 into law. Despite this setback, we will continue to fight for the rights of Nebraskans to make their own private decisions about their lives, families, and futures.”
A similar case, United States v. Skrmetti, involving a Tennessee ban on gender-affirming care for minors, will be heard by the U.S. Supreme Court later this year.
LGBTQ Nation reached out to the ACLU of Nebraska and Planned Parenthood for comment but did not receive a response before publication. This article will be updated if they provide a statement.
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