LINCOLN — A 12-week abortion ban based on gestational age will take effect in Nebraska Tuesday because of legislation Gov. Jim Pillen signed into law Monday.
Joined at the signing ceremony by about 25 state senators who backed the legislation, Pillen signed Legislative Bill 574 into law. An emergency clause in the bill will enact the abortion ban immediately, while restrictions on gender-affirming care for individuals under 19 won't take effect until Oct. 1.
"LB 574 is the most significant win for social conservative agenda in over a generation in the state of Nebraska," Pillen said at the bill's signing ceremony.
LB 574 launched the Legislature into unprecedented levels of turmoil this session. The bill narrowly survived four contentious rounds of floor debate, getting just enough votes each round to overcome opposing filibusters.
People are also reading…
Those filibusters appear poised to continue through next year. State Sen. Machaela Cavanaugh of Omaha, who has led the resistance to the bill, launched a filibuster of every bill on the floor after LB 574 made it out of committee, and vowed to continue the strategy through next year’s 60-day session.
The bill's introducer, Sen. Kathleen Kauth of Omaha, said Friday that the filibuster aided in LB 574's passage. Without it, Kauth said the bill likely would have died in February, and she would have worked through the interim to bring a new proposal. But the filibuster gave lawmakers time to negotiate and come up with an amendment that enough lawmakers could support.
"The filibuster is actually what made this happen," Kauth said.
Kauth's original bill sought to completely ban puberty blockers, hormone therapy and gender-affirming surgeries for individuals under 19. But an amendment adopted late during floor debates changed those provisions and added the abortion restrictions.
The amended bill will tighten Nebraska's 20-week abortion ban to 12 weeks, based on gestational age. Earlier this session, lawmakers tried to pass a bill that would have restricted abortions at around six weeks of pregnancy, but that proposal failed by just one vote.
The introducer of that bill, Sen. Joni Albrecht of Thurston, said the amendment kept all the original provisions of the bill except for the change in deadline.
Opponents to this proposal frequently referred to it as a 10-week abortion ban, due to it being measured by gestational age and not fertilization. Gestational age measures a pregnancy based on the woman’s last menstrual period, whereas fertilization refers to the moment the egg is fertilized. The difference between the two could amount to several weeks.
However, it still allows more abortion access than the six-week ban that failed this year. According to 2021 statistics from the State Department of Health and Human Services, about 85% of Nebraska’s abortions happen beyond the six-week mark, while only about 13% happen after 12 weeks’ gestation. The law also includes exceptions for rape, incest and life-saving procedures.
Opposing Sen. Danielle Conrad of Lincoln pleaded with supporting lawmakers to not support the emergency clause on the abortion ban, arguing it could cause challenges for physicians, but she did not change any minds.
“You could unnecessarily ensnare a medical professional who’s trying to follow the law,” Conrad said.
Andi Curry Grubb, Nebraska executive director for Planned Parenthood North Central States, said her organization has been preparing for changing its process since the six-week ban was introduced. Because of that, she said Planned Parenthood will be able to comply with the new law as soon as it takes effect.
Most of Planned Parenthood's current patients receive abortions prior to the 12-week deadline, Curry Grubb said. However, the change will require at least three patients to be relocated to other states this week.
Curry Grubb said the most common reasons women seek abortions from Planned Parenthood after 12 weeks is because of fetal anomalies — which is not included as an exception under the law — or because they have come from other states with stricter abortion bans, and thus pushed their pregnancy further.
The latter reason has contributed to a rise in second trimester abortions seen across the network of Planned Parenthood North Central States, which includes Nebraska's clinic. Curry Grubb said since Roe v. Wade was overturned last year, the network has seen a 40% rise in second trimester abortions.
On the gender-affirming care restrictions, Nebraska's chief medical officer will be tasked with establishing qualifying criteria for puberty blockers and hormone therapy for people under 19 by Oct. 1. Gender-affirming surgeries within the same age group will be fully banned by that date.
Pillen said these provisions are necessary to protect kids from being "duped" into undergoing such care. He alleged that kids were being manipulated into thinking the treatment is the way for them to be happy.
"That is Lucifer at its finest," Pillen said.
The chief medical officer must follow a set of guidelines as to how to regulate the medication, including setting a minimum number of “gender-identity-focused therapeutic hours” a patient must undergo to receive it, and a minimum waiting period between a medical practitioner receiving the patient’s consent and prescribing the treatment.
Because the chief medical officer is appointed by the governor, opponents argued this provision is a thinly veiled attempt to maintain the full ban of the original bill. Pillen appointed ear, nose and throat physician Timothy Tesmer to the position in February, though he has yet to be confirmed by the Legislature.
Opponents have also argued that LB 574 is inviting a lawsuit. A statement from the American Civil Liberties Union of Nebraska indicated that litigation is an option they are considering.
"Every option is on the table to undo these regressive measures, including seeking justice through the courts," interim executive director Mindy Rush Chipman said in the statement. "We will not stop working toward a future that safeguards all Nebraskans' rights, including the rights of transgender youth, their families and people in need of reproductive health care.”
Pillen said the state is prepared for any lawsuits and he believes that the law can be defended successfully.
Hundreds of students walk out of school on Transgender Day of Visibility outside Omaha Central High School on Friday, March 31, 2023. Students are protesting LB574 and LB575 in the Nebraska Legislature, which would ban certain gender-affirming care for youth and would prevent trans youth from competing in girls sports, respectively.
Photos and video: Scene at Nebraska Capitol as lawmakers debate LB574 for final time
Brenna Thompson of Lincoln protests against LB574 in the Rotunda Friday at the Nebraska Capitol.
Juju Tyner protests against LB574 Friday at Nebraska Capitol.
Maghie Miller-Jenkins (left) and Brenna Thompson, both of Lincoln, protest against LB574 Friday at Nebraska Capitol.
Protesters outside the glass door entrance to the Chamber protest LB574 Friday at the Nebraska Capitol.
People watch the floor debate in the Rotunda leading up to the final reading of LB574 Friday at the Nebraska Capitol.
Police arrest a protester during debate of LB574 Friday at the Capitol. Both of the Chamber's balconies were cleared after a few opponents of the bill began throwing objects onto the floor.
A few opponents of LB574 throw objects from the Chamber's balcony onto the senate floor Friday during debate at the Capitol. The balconies were cleared after the outburst.
State Sen. Kathleen Kauth of Omaha speaks during the final reading of LB574 on May 19 at the Capitol.
State Sen. Carolyn Bosn of Lincoln speaks during the final reading of LB574, Friday at the Capitol.
D Mack and Billie Douglass of Lincoln console each other after senators passed a bill limiting gender-affirming care and abortion in Nebraska. Hundreds of protesters again gathered in the Rotunda on Friday for votes on the bill.
Fenyx Wright of Lincoln reacts after the Nebraska Legislature passed LB574, which limits gender-affirming care for trans youth, on Friday at the Capitol.
Khalisha Casey of Lincoln protests LB574 on Friday at the Capitol.
Madison Tewes of Lincoln protests against LB574 Friday at the Capitol.
Protesters of LB574, including Eliza Cline (center) and Madison Tewes (right), both of Lincoln, gather outside the legislative chamber on Friday at the Capitol.
Juju Tyner of Lincoln (right) leads the singing of Over the Rainbow during a protest in the Capitol of LB574 on Friday.
People watch the final reading of LB574 in the Rotunda on a TV screen on Friday at the Capitol.
State Sens. Machaela Cavanaugh (from left), Megan Hunt, Kathleen Kauth, John Fredrickson, Wendy DeBoer, Mike Jacobson and Lou Ann Linehan watch the board during the final votes on LB574 on Friday at the Capitol. The bill limits gender-affirming care for transgender youth and bans abortion after 12 weeks.
State Sens. Machaela Cavanaugh (from left), Megan Hunt, John Fredrickson, Wendy DeBoer, Kathleen Kauth and Lou Ann Linehan watch during the final votes on LB574 Friday at the Capitol. The bill limits gender-affirming care for transgender youth and bans abortion after 12 weeks.
A Pride flag is seen at the rotunda during the final reading of LB574 on Friday at Nebraska state Capitol.
Sen. Merv Riepe (center) listens as Sen. Mike McDonnell speaks during the final reading of LB574 on Friday at the Nebraska Capitol.
State Sen. Julie Slama is escorted out after voting for LB574 on Friday at the Nebraska Capitol.
Protesters of LB574 are seen outside the legislative chamber Friday at the Nebraska Capitol.
State Sen. Machaela Cavanaugh (center) embraces a supporter next to Sen. Megan Hunt after the passage of LB 574 on Friday at the Nebraska Capitol.
