This November, Nebraskans will vote on two competing abortion ballot measures — the only voters facing a measure to restrict abortion.
In 2023, demonstrators protested the 12-week abortion limits currently in place at the Nebraska Capitol
In the proposed pro-life amendment called Protect Women and Children, “unborn children … (would be) protected from abortion in the second and third trimesters” with exceptions for medical emergencies, sexual assault, or incest. This amendment would codify current state practice of restricting abortion to the first twelve weeks in the Nebraska constitution.
The Nebraska Family Alliance (NFA) — the longest-standing “pro-family” organization in Nebraska which helped organize the Protect Women and Children’s ballot measure, described the amendment as a tool to “allow greater protections going forward”—hinting at even stricter, future limitations.
Conversely, the Protect the Right to Abortion proposed constitutional amendment establishes abortion as a “fundamental right” until fetal viability (around 23-24 weeks of gestation) with exceptions for medical emergencies.
However, the Nebraska Family Alliance criticized the pro-choice amendment:
“The abortion industry is attempting to enshrine a right to abortion in the Nebraska Constitution with a ballot initiative that would legalize abortion until birth, subject preborn children to painful late-term dismemberment abortions, put girls at greater risk for human trafficking, and eliminate parental notification requirements.”
Despite speculation that the measures violated the state procedure of singular-subject ballot initiatives, the Nebraska Supreme Court ruled unanimously to keep both abortion measures on the ballot on September 13. Two lawsuits unsuccessfully targeted the pro-choice amendment by arguing that it addressed abortion pre-fetal viability, post-fetal viability, and the state’s legal jurisdiction over abortions — three separate subjects.
“Barring any legal challenges, this November general election ballot will host two ballot measures that appear in direct conflict with each other, which could be the first time this has happened in Nebraska’s history,” Secretary of State Bob Evnen said in a press release. Evnen will host hearings in October regarding all the state ballot measures.
A passed ballot measure needs more “for” votes than “against” and must receive at least 35% of the total votes cast in that election. Theoretically, both measures could pass, but, on August 23, the secretary of state’s office announced the measure with the most “for” votes would be adopted.
“The potential for confusion is high, so strong voter education will be critical to our campaign. Regardless, we’re confident that when voters are given the choice, they will vote to restore their control over their bodies and health care,” said Katie Rodihan, Director of State Advocacy Communications at Planned Parenthood Federation of America on the Nebraska ballot measures, in correspondence with The Forum regarding the ballot measures.
Conversely, NFA writes on their webpage that “since the overturn of Roe v. Wade, the abortion industry has won in all seven states where abortion has been on the ballot, and abortion advocacy groups are spending millions of dollars to confuse and mislead voters.”
Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, New York, and South Dakota all have protective abortion rights ballot measures. Most ballot measures protect the right to abortion until fetal viability. In 2021, less than 1% of abortions occurred after 21 weeks of gestation, according to a report from the U.S. Centers for Disease Control and Prevention.
"Make no mistake: Reproductive rights are on the ballot in every race, across every state in 2024," Rodihan said, speaking more broadly about the upcoming election. "For anti-abortion politicians, Roe was just the beginning. The end goal has always been full control of our bodies and our medical decisions."
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