Nebraska state lawmakers to try again to limit abortion rights, pairing it with a bill involving gender care

Foes of abortion rights are hoping to resurrect a debate on the issue in the waning days of the 2023 session by pairing it with another controversial proposal.

On Monday afternoon, an abortion-related amendment to the bill that would ban gender-affirming procedures for minors was unveiled. The amendment would provide for a 12-week ban on abortion.

Two weeks ago, a bill banning abortion at about six weeks into a pregnancy — a so-called “heartbeat” abortion bill — failed to overcome a filibuster by one vote, blocking further debate on Legislative Bill 626 for the session.

Abortion debate resurrected

But like a lot of things in the Nebraska Legislature, issues can rise again from their death bed.

In the days following the defeat of LB 626, there have been multiple backroom discussions about whether a less-restriction abortion ban — something like the 12-week ban introduced by State Sen. Merv Riepe of Ralston — might be resurrected for debate.

On Monday, those discussions led to the announcement of an amendment, called the “Preborn Child Protection Act,” to the bill restricting what gender-affirming care minors could receive.

The idea is that pairing the two measures into Legislative Bill 574 might bring enough support so that both could pass.

The new abortion portion of the bill includes exception language from the original LB 626 for rape, incest and life of the mother.

Current state law bans abortion after 20 weeks. Banning the procedure after six weeks — before many women would know that they’re pregnant — was seen as too restrictive.

LB 574 would focus on surgeries

The original LB 574 — a contentious proposal that has prompted a session-long series of filibusters — would be tweaked to focus a ban on genital or non-genital surgeries for minors. Instead of outlawing puberty blockers and hormone therapies for minors, the bill would authorize the chief medical officer with the Nebraska Department of Health and Human Services to adopt rules and regulations around those procedures.

Additionally, the bill clarifies that mental health therapies and counseling for youth would not be affected.

Pairing the two proposals does raise concerns about whether the new LB 574 might violate the Legislature’s rule that legislation must contain a single subject. But those involved in crafting the new proposal have told the Examiner that focusing on medical procedures could help avoid a violation.

Governor’s office, senators involved

State senators, as well as Gov. Jim Pillen — an opponent of abortion rights — were involved in crafting the compromise proposal.

LB 574 had advanced to the final-round of consideration, but progress had been postponed after the main sponsor of the bill, Omaha Sen. Kathleen Kauth, agreed to discuss possible changes to the bill.

The Speaker of the Legislature, Sen. John Arch of LaVista, has made the abortion issue one of his top priorities for the 2023 session. Exactly when he would he would schedule the amended LB 574 for debate was not immediately clear on Monday afternoon.

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