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Nebraska Supreme Court upholds law protecting preborn children after first trimester
The Nebraska Supreme Court on Friday voted 6-1 to uphold a law combining the protection of preborn children from abortion after 12 weeks of pregnancy with a measure prohibiting transgender procedures on minors.
Legislative Bill 574, the “Let Them Grow Act” prohibits abortions after 12 weeks unless the child was conceived in rape or incest or if the mother experiences a medical emergency (though induced abortion — intentionally and directly killing a preborn child — is not medically necessary). Most abortions, however, take place within the first trimester of pregnancy. Additionally, the Act protects minors from transgender interventions, including so-called “gender reassignment surgery.”
In its legal challenge, Planned Parenthood and the American Civil Liberties Union (ACLU) of Nebraska argued the bill violated the state constitution’s single-subject rule, which states that “[n]o bill shall contain more than one subject.” In its Friday ruling, the court disagreed, saying that the bill’s “public health and welfare” content connected the two topics, and that the bill could remain.
“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 court ruled.
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Attorney General Mike Hilgers praised the ruling. “The Legislature passed Nebraska’s 12-week abortion ban and its ban on gender-altering procedures for minors, and we are pleased that the Court upheld the constitutionality of the Legislature’s work,” Hilgers said.
Nebraska Right to Life also commended the law, which will now protect preborn children from abortion after 12 weeks, though executive director Sandy Danek noted that the organization’s ultimate goal is the protection of all preborn children.
“We are grateful for the Nebraska Supreme Court’s decision upholding important protections benefiting Nebraska families,” said Danek. “We agree ideologically with those who want to protect babies at any stage in the womb. Nebraska Right to Life will continue to work toward the goal of protecting all life, from the moment of conception to natural death.”
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