State Watch

Nebraska judge rules in favor of abortion, gender-affirming care bans

Protesters chant, "one vote to save our lives," as they are heard in the legislative chamber during a final reading on LB574, the Let Them Grow Act, on Tuesday, May 16, 2023, at State Capitol in Lincoln, Neb. (Kenneth Ferriera/Lincoln Journal Star via AP)

A Nebraska judge upheld the state’s bans on abortion after 12 weeks and gender-affirming care on Friday, dealing a blow to advocacy groups who had challenged the law.

Nebraska passed the bans together in May, combining the two policies in a last-second amendment. Lawmakers attempted to pass a 6-week abortion ban earlier this year but fell short by one vote.

The abortion section of the law carries exceptions for pregnancies as a result of rape and incest,  and to save the life of the mother. The gender-affirming care ban will apply to people 18 and younger starting Oct. 1, including restrictions on transgender surgery, puberty blockers and hormone therapy.

Planned Parenthood challenged the bill, arguing it violates state law that bans bills with more than one subject. State attorneys said the bill does not need to follow that provision because it regulates health.

“I am grateful for the court’s thorough decision,” Gov. Jim Pillen said in a statement. “I was proud to sign into law a measure that protects kids and defends the unborn, and I am pleased that it has been upheld.”

In a statement, Planned Parenthood said the organization plans to appeal the ruling.

“This is not over,” the group said on X, formerly Twitter. “Planned Parenthood stands together with Nebraskans, a majority of whom support keeping abortion safe and legal in our state. We will appeal this ruling.”

With Friday’s ruling, 21 states have placed restrictions on abortion, with 15 banning it fully. Nebraska is one of two states to ban the procedure at 12 weeks from conception, alongside North Carolina.

Gender-affirming care for minors and young adults, including surgery and medication, has been endorsed by multiple major medical organizations including the American Academy of Pediatrics, the American Medical Association and the Endocrine Society.