Abortion rights activists in Nebraska have filed paperwork to launch a ballot initiative campaign for the 2024 election cycle to enshrine abortion rights into the state constitution.
The coalition of advocates called Protect Our Rights, led principally by the American Civil Liberties Union of Nebraska and Planned Parenthood Advocates of Nebraska, announced on Wednesday that the language of the amendment will enshrine "a fundamental right to abortion until fetal viability" in the state constitution.
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The proposed language of the amendment defines viability as the point in pregnancy at which the patient's healthcare provider finds "there is a significant likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures."
"Nebraska's law currently allows abortion throughout the first 12 weeks of pregnancy, but that isn't enough for the abortion industry and activists who are trying to write second- and third-trimester abortions into our constitution," Nebraska Right to Life Executive Director Sandy Danek said in a press statement, adding that the amendment "does not reflect the values of Nebraskans."
Over 89% of the 2,547 abortions in Nebraska in 2022 were performed at or before 12 weeks gestation, according to the Nebraska Department of Health and Human Services.
Over 72% of abortion patients in Nebraska disclosed that pregnancy resulted either from contraceptive failure or not using contraception. Only 6.4% of abortions in Nebraska occurred because continuing the pregnancy to term endangered the life, physical health, or mental health of the mother.
"At 12 weeks, a baby's major organs have formed, and his or her heart has beat over 10 million times. You can find out whether the baby is a boy or girl by 12 weeks, start to see if they resemble mom or dad, and you'll see the baby suck their thumb on an ultrasound," Paige Brown, spokeswoman for the Nebraska Catholic Conference, said in a press statement opposing the new amendment.
The proposed amendment comes on the heels of the successful campaign in Ohio to add abortion rights to the state's constitution, preventing the legislature from acting in any way that "directly or indirectly" hinders access to the procedure before viability, which is typically considered at 22 weeks gestation.
Gov. Jim Pillen (R-NE) and conservative allies in the unicameral state legislature voted in April to restrict abortion access after 12 weeks. Pillen has promised to prohibit abortion entirely at the moment of conception.
"Unlike the state officials working to totally ban abortion, we're elevating the voices and lived experiences of Nebraskans who believe that pregnant people should be able to access needed care with compassion and privacy, free from political interference," Ashlei Spivey, a member of Protect Our Rights's executive committee and executive director of I Be Black Girl, said in a statement on Wednesday.
Anti-abortion advocates said they are concerned that because the language of the amendment applies abortion rights to "all persons" rather than "women," the measure will be used to subvert parental consent rights for minors seeking abortions.
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"Under this extreme amendment, a girl who is not old enough to get her ears pierced or get a tattoo on her own will be able to obtain an abortion without a parent ever knowing," said Karen Bowling, executive director of Nebraska Family Alliance. "This evisceration of parental rights is something that will concern every mom and dad in Nebraska."
The Nebraska DHHS reports that 0.3% of abortion patients in 2022 were under 15 years old, while 10.6% fell into the 15-to-19 age bracket.