The Nebraska Supreme Court upheld a lawsuit brought by the American Civil Liberties Union (ACLU) on behalf of Planned Parenthood challenging the law’s restrictions on gender-reassignment procedures for minors and abortions after 12 weeks.
Nebraska LB574The bill, which passed after a six-week abortion ban lost a filibuster, was passed by Republicans who added a less restrictive law to an existing law banning “sex reassignment treatments” for children, The Associated Press reported. report.
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The American Civil Liberties Union (ACLU) filed a lawsuit on behalf of Planned Parenthood of the Heartland, arguing that the bill contains multiple subjects, but that argument was rejected by the state Supreme Court on Friday.
The court acknowledged that abortion and sex-reassignment procedures are “distinct types of medical care,” but determined that the law did not violate Nebraska’s single-subject rule because both fall under the overall category of medical care.
“After all, if a bill has only one general purpose, no matter how broad that purpose may be, no matter how unrelated it may be, and if the title fairly describes the subject matter of the bill, it does not violate the State Constitution’s single-subject matter rule,” Chief Justice Mike Haveickan wrote in the court’s opinion obtained by the outlet.
In what The Associated Press described as a “scathing” dissent, Justice Lindsay Miller-Lerman accused the majority of hypocrisy, citing a 2020 decision that blocked a ballot initiative seeking to legalize medical marijuana use and production, finding that it violated the single-subject rule.
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“It is the legislature’s duty to draft a bill with a clearly defined ‘single subject,’ including its title, and failure to do so renders the bill unconstitutional,” Judge Miller-Lerman wrote. “It is not the role of this Court to save the bill.”
One of the ACLU lawyers argued that the Legislature already recognized abortion and transgender care, such as hormones and surgery, as separate issues when it first proposed the bill.
“He only brought the two together when he was forced to,” his lawyer Matt Segal argued.
Gov. Jim Pillen (R) said he “thanked God” for the court’s decision. statement Obtained by KETV:
I am grateful for the Court’s thorough and well-founded opinion that upholds these important protections for life and children in Nebraska. There were dark times last year when many feared that victory for the unborn was impossible and that the pro-life coalition would crumble. I was honored to work with loyal allies and leaders across the state to combine an abortion ban with protections for children from irreversible sex-reassignment surgery. We worked overtime to deliver that bill to my desk, and I thank God for the privilege I had to sign it into law. I immediately directed state agencies to swiftly implement these protections. I am grateful for their work, and that of the Attorney General who defended it.
Attorney General Mike Hilgers (R), who is named in the lawsuit, wrote:
We are grateful for the Court’s work and ruling upholding the constitutionality of LB 574. The Nebraska Legislature passed Nebraska’s 12-week abortion ban and gender reassignment surgery ban for minors, and we are pleased to see the Court uphold the constitutionality of the Legislature’s efforts.
In Nebraska, anyone under the age of 19 is considered a minor, so even if they’re 18, they can’t undergo sex reassignment surgery.
Meanwhile, Planned Parenthood has pledged to continue offering abortions up to the 12th week of pregnancy, the media reported.
“We will never stop fighting for the freedom, bodily autonomy and health of our community,” said Ruth Richardson, president and CEO of Planned Parenthood Federation of North Central Province.
“While this is shocking news for Nebraskans, it is not the final decision on abortion access or the rights of Nebraskan transgender young people and their families,” the state’s ACLU chapter said of X.
“While this is devastating news for affected Nebraskans, it does not mark the final decision on abortion access or the rights of transgender young people and their families in Nebraska. We will continue to work hard to ensure these decisions are made by Nebraskans, not the government.” https://t.co/dtQZi5z6Qb
— ACLU of Nebraska (@ACLUofNE) July 26, 2024
“We will continue to do everything in our power to ensure these decisions are made by Nebraskans, not the government,” the group added.
