On Friday, the Nebraska Supreme Court ruled that a law combining restrictions on abortion with measures to limit gender-affirming healthcare for minors does not violate the state's constitutional amendment that mandates bills address only a single subject. The court acknowledged the distinct nature of abortion and gender-affirming care but concluded that both issues fall under the broader category of medical care.
The decision followed a lawsuit filed by the American Civil Liberties Union (ACLU), which represented Planned Parenthood of the Heartland. The ACLU contended that the law, passed last year, breached Nebraska’s single-subject rule. The organization argued that the hybrid bill, which merged a 12-week abortion ban with restrictions on gender-affirming treatments for minors, was improperly structured.
Initially, Nebraska legislators introduced separate bills: one proposing a six-week abortion ban and another addressing restrictions on gender-affirming care. However, after the six-week ban faced a filibuster, lawmakers aligned with the Republican Party merged the two measures into a single bill. This combination triggered intense debate and a prolonged filibuster by a group of lawmakers attempting to block all legislation to protest the combined bill.
The Nebraska Supreme Court’s ruling upheld the state’s legislative approach, arguing that both abortion and transgender health issues are related to medical care. The court found that while abortion and gender-affirming care are distinct, they can be legislated together under the umbrella of healthcare policy.
The controversial law emerged as one of the most debated pieces of legislation in Nebraska’s 2023 session. The legal challenge highlighted the complex intersection of healthcare policy and legislative procedures. A district judge had previously dismissed the lawsuit in August, prompting the ACLU’s appeal.
In March, during the high court arguments, state attorneys argued that combining the measures did not violate the single-subject rule as they both pertain to healthcare. Conversely, Planned Parenthood’s attorney, Matt Segal, claimed that the legislature had initially recognized abortion and gender-affirming care as separate subjects by introducing them as distinct bills.
This ruling comes amid a broader national debate on medical care for transgender minors and abortion rights. At least 25 states have enacted laws restricting or banning gender-affirming medical care for minors, with many facing ongoing legal challenges. Federal judges have temporarily blocked such bans in several states, including Montana and Georgia, while Arkansas and Florida have had their bans struck down as unconstitutional.
Since the US Supreme Court overturned Roe v. Wade in 2022, leading to a significant shift in abortion rights, Republican-controlled states have increasingly enacted new restrictions or bans, while Democratic states have moved to safeguard abortion access.
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