ACLU challenges Nebraska ban on abortions and sex-change procedures
A new law in Nebraska that restricts abortions to 12 weeks and also prohibits sex-change procedures for persons under the age of 19 is facing a legal challenge from the American Civil Liberties Union.
The Let Them Grow Act, which Republican Gov. Jim Pillen signed into law May 29, originally applied only to transgender issues. But because a Democratic member of the state legislature led filibusters against many bills in the 2023 session, legislators added the abortion restrictions to the Let Them Grow Act. The Republican-majority, unicameral legislature passed the bill May 19 along party lines, 33-15.
But the ACLU says the bill violates the state’s constitution, which stipulates that laws must be about only one subject. The ACLU filed a lawsuit in a state court May 30 on behalf of Planned Parenthood and one of its doctors who performs abortions in the Cornhusker State.
Legislators felt compelled to attach an amendment to the transgender bill May 17 in order to get an abortion ban passed.
The ACLU is asking for an injunction to block enforcement of the transgender and abortion restrictions until the court case is decided.
The abortion ban, which was to go into effect the day after the governor signed the law, has exceptions for sexual assault, incest and medical emergencies. Lawmakers originally tried to pass a “heartbeat” bill, which would limit the availability of abortion to the first six weeks of gestation.
The transgender surgery ban, which also restricts the use of hormone treatments and puberty blockers in minors, is set to go into effect October 1.
Omaha Senator Kathleen Kauth, a freshman lawmaker who introduced the transgender restriction, defended its combination with the abortion ban.
“I mean, it’s called the ‘Let Them Grow Act,’” she said, according to Chadron Radio. “I think restricting abortion is very much in that same subject.”
“All children deserve a chance to grow and live happy, fruitful lives,” Gov. Pillen said after the legislation passed. “This includes pre-born boys and girls, and it includes children struggling with their gender identity,” he said in a statement after the bill’s passage. “These kids deserve the opportunity to grow and explore who they are and want to be, and they can do so without making irreversible decisions that should be made when they are fully grown.”
