In a 6-1 decision, the Nebraska Supreme Court ruled that a combined health care law banning abortions after 12 weeks of gestation and protecting children from puberty blockers, hormones, and mutilating surgeries did not violate the state constitution, which requires laws be limited to a single subject.

The ruling rejected a challenge from Planned Parenthood claiming LB 574 violated the state’s constitutional rule of dealing with only a single subject. The combined bill, consisting of the “Preborn Child Protection Act” and the “Let Them Grow Act,” became law in May 2023 when the state legislature added the 12-week abortion ban to a bill restricting harmful gender procedures after a six-week abortion ban bill failed to overcome a filibuster.  

In the ruling, the Nebraska Supreme Court acknowledged that both abortion and gender-related interventions are “distinct” medical procedures but noted that LB 574 does not violate the state’s single subject rule because both provisions “fall within the same subject” of regulating “public health and welfare.”

“Here, even though abortion and [gender-related procedures] are distinct types of medical care, and even though LB 574 effectuates its purpose or object differently for each type, when broadly construing LB 574, all its provisions certainly are encompassed within the regulation of permissible medical care,” wrote Chief Justice Michael G. Heavican. “After our review of the facts of this case and our historical legal precedent wherein we have rarely found violations … we find no merit to Planned Parenthood’s argument that LB 574 contains more than one subject.”

The ruling affirms a lower court’s decision to dismiss the case. 

According to the Nebraska Department of Health and Human Services, abortions went down by 8.72 percent in 2023 from the previous year, with the most significant reductions taking place after LB 574 took effect. Prior to the new law, abortion was allowed up to 22 weeks of gestation. 

Currently, there are two active ballot initiatives in Nebraska to amend the state’s constitution on the issue of abortion. A proposed pro-abortion amendment, “Protect the Right to Abortion,” attempts to enshrine a “fundamental right to abortion” until fetal viability in the state. If passed by voters, the law would render the abortion restrictions in LB 574 unconstitutional. By contrast, a proposed pro-life amendment titled, “Protect Women and Children,” aims to amend the state constitution to protect unborn life after the first trimester consistent with LB 574. Both amendment initiatives have achieved the required 124,465 public signatures to be considered for the November 2024 ballot and the state is undertaking the final step to verify those signatures before giving final approval for the initiatives to go on the ballot. 

At least 25 states have enacted laws protecting children from harmful puberty blockers, hormones, and mutilating surgeries. 

Liberty Counsel’s Founder and Chairman Mat Staver said, “Upholding protections for unborn life and children are in everyone’s best interest. Abortion has killed millions of lives and mutilating gender procedures have irreversibly devastated innocent children. State legislatures have considerable discretion to protect the most vulnerable among us.”

Visit Liberty Counsel’s website for more information about state laws protecting unborn life; the 11 states with proposed constitutional amendments regarding abortion; and about state laws protecting children from gender ideology.