OMAHA, Neb. — The Nebraska Supreme Court has upheld a law that combines abortion restrictions with measures limiting gender-affirming health care for minors, concluding that it does not breach the state constitutional requirement mandating bills to address a single subject.
In its ruling, the court recognized that abortion and gender-affirming care are separate categories of medical service. However, it determined that both topics fall under the umbrella of medical care, allowing the combined legislation to stand.
The legal challenge was initiated by the ACLU, representing local Planned Parenthood, which argued that the law, passed last year, violated Nebraska’s single-subject provision. The high court dismissed these claims, siding with the state’s assertion that both abortion and transgender health measures pertain to health care.
Originally, Nebraska legislators proposed two separate bills: one establishing an abortion ban around six weeks of pregnancy and another targeting gender-affirming treatments for minors. After the six-week ban faced a filibuster, Republican lawmakers merged it into the existing measure.
This controversial law sparked significant debate during the 2023 legislative session, with notable filibuster efforts aimed at blocking the bill, even impacting unrelated legislation.
A district judge previously dismissed the ACLU lawsuit in August, prompting an appeal to the state Supreme Court. During the March hearings, state representatives argued for the legality of the pairing, while ACLU attorneys contended that the initial separate proposals recognized the distinction between the two subjects.
The legal landscape surrounding gender-affirming health care continues to evolve, with at least 25 states enacting similar restrictions for minors. Many of these laws are currently embroiled in litigation, and federal judges have ruled against bans in Arkansas and Florida, with temporary blocks in effect in Montana and parts of Georgia.
Since the U.S. Supreme Court’s overturning of Roe v. Wade in 2022, which eliminated the federal right to abortion, multiple Republican-led states have imposed new restrictions, while many Democrat-led states have moved to safeguard abortion access.
