Abortion in Nebraska

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Abortion in Nebraska is legal up to the 12th week of pregnancy, after new legislation was signed in May 2023. [1] [lower-alpha 1] In June 2023, a lawsuit was filed to challenge the state's abortion law. The legislation establishing the law contained provisions concerning both abortion and gender-affirming care, while the state constitution prohibits bills that legislate on multiple issues at once. [7]

Contents

In a 2014 poll conducted by the Pew Research Center, 50% of Nebraskan adults said that abortion should be legal in all or most cases while 46% said abortion should be illegal in most or all cases. [8]

The number of abortion clinics in Nebraska has fluctuated over the years, with eight in 1982, nine in 1992 and three in 2014.  There were 2,270 legal abortions in 2014, and 2,004 in 2015.[ citation needed ]

History

Legislative history

Nebraska was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement. [9] Mississippi, Nebraska, North Dakota and Ohio all had statues in 2007 that required specific informed consent on abortion but also, by statue, allowed medical doctors performing abortions to disassociate themselves with the anti-abortion materials they were required to provide to their female patients. [10] [11]

In 2010, Nebraska became the first state to use the disputed notion of fetal pain as a rationale to ban abortion after 20 weeks. [12] In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication induced abortions and private doctor offices in addition to abortion clinics. [13]

In April 2022, LB933, the Nebraska Human Life Protection Act, failed 31–15, falling two votes short of the 33 votes needed to end a filibuster. If enacted, the trigger law would have outlawed abortion from conception with no exceptions, and only an affirmative defense in case of medical emergency. [14]

In April 2023, LB626, the Nebraska Heartbeat Act, failed 32–15, falling one vote short of the 33 votes needed to end a filibuster. If enacted, the bill would have outlawed abortion at six weeks with exceptions for rape, incest, and medical emergency. [15]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [16] (However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [17] [18] ) Stenberg v. Carhart   was before the US Supreme Court in June 2000. [19] The ruling meant the state's  "partial-birth abortion" was ruled unconstitutional by the US Supreme Court as it did not consider the life of the mother. 29 other states were impacted by this ruling. [20] LeRoy Carhart, a Nebraska physician who specialized in late-term abortions, brought suit against Don Stenberg, the Attorney General of Nebraska, seeking declaratory judgment that a state law banning certain forms of abortion was unconstitutional, based on the undue burden test mentioned by a dissenting opinion in City of Akron v. Akron Center for Reproductive Health [21] and by the Court in Planned Parenthood v. Casey . [22] Both a federal district court and the U.S. Court of Appeals ruled in favor of Carhart before the case was appealed to the Supreme Court. [23] The Nebraska statute prohibited "partial birth abortion", which it defined as any abortion in which the physician "partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery." [24]

Clinic history

Number of abortion clinics in Nebraska by year Number of abortion clinics in Nebraska by year.png
Number of abortion clinics in Nebraska by year

Between 1982 and 1992, the number of abortion clinics in the state increased by one, going from eight in 1982 to nine in 1992. [25] In 2014, there were three abortion clinics in the state. [26] That year, 97% of the counties in the state did not have an abortion clinic. That year, 41% of women in the state aged 15 – 44 lived in a county without an abortion clinic. [27] In 2017, there were two Planned Parenthood clinics in a state with a population of 420,419 women aged 15 – 49 of which two offered abortion services. [28]

Statistics

In the period between 1972 and 1974, there were no recorded illegal abortion death in the state. [29] In 1990, 175,000 women in the state faced the risk of an unintended pregnancy. [25] Public opinion on abortion is divided. In 2014, 50% of adults said in a poll by the Pew Research Center that abortion should be legal while 46% believed it should be illegal in all or most cases. [8] In 2017, the state had an infant mortality rate of 5.6 deaths per 1,000 live births. [30]

Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence % obtained by

out-of-state residents

YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Nebraska2,0985.8782,2706.28512.12014 [31]
Nebraska1,8935.2712,0045.57511.42015 [32]
Nebraska1,7844.8671,9075.27211.32016 [33]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births


Abortion rights views and activities

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. At a protest at the Nebraska Capitol in Lincoln, more than 350 people participated. Former state Sen. Brenda Council was among those taking part. [34]

Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters rallied in Memorial Park in Omaha, Nebraska. [35]

In Lincoln, Nebraska on February 1, 2023, about 300 abortion rights protesters rallied against a proposed abortion ban at the Nebraska State Capitol. [36] On May 19, 2023, 6 people were arrested after abortion rights and LGBTQ rights protesters flooded the Nebraska State Capitol following the state legislature's passing of a bill banning abortion after 12 weeks and banning gender-affirming care for minors. [37] [38]

Anti-abortion views and activities

Views

The non-partisan organization Nebraska Right to Life's ultimate stated goal is "to restore legal protection to innocent human life." [39] At the same time, the president of the organization, Sandy Danek, has said that women who obtain abortions are themselves victims, stating, "We do not support any measures seeking to criminalize or punish a woman." [40]

Abolish Abortion Nebraska has expressed that the state has "neglected justice" and "must repent," asserting that the same laws that protect the lives of born people should also protect human beings in the womb. They refer to the Bible and to Nebraska's state motto: "Equality before the law." [41]

Activities

Bishop Fabian Bruskewitz excommunicated Catholics in his jurisdiction who were associated with Catholics for Choice in 1996, [42] and the United States Conference of Catholic Bishops stated in 2000 that "[CFC] is not a Catholic organization, does not speak for the Catholic Church, and in fact promotes positions contrary to the teaching of the Church as articulated by the Holy See and the USCCB." [43]

In 2004, Bruskewitz stated that he would deny the Eucharist to Catholic politicians who support abortion, including 2004 presidential candidate John Kerry. [44] [45]

Violence

In 1977, there were four arson attacks on abortion clinics.  These took place in Minnesota, Vermont, Nebraska and Ohio.  Combined, they caused over US$1.1 million in damage. [46]

On August 29, 2009, two days after a nearby anti-abortion protest, an unknown arsonist threw a Molotov cocktail at a Planned Parenthood in Lincoln, Nebraska. The bomb fell short of the building, leaving no property damage or casualties. [47]

Sanctuary cities for the unborn

Eight cities in Nebraska have outlawed abortion within their city boundaries and declared themselves "sanctuary cities for the unborn." [5] The village of Hayes Center, Nebraska, became the first city in Nebraska to outlaw abortion by local ordinance on April 6, 2021. [2] The Hayes Center ordinance declares abortion to be "a murderous act of violence that purposefully and knowingly terminates a human life," and it outlaws abortion "at all times and at all stages of pregnancy." [2] The only exception is for abortions performed "in response to a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy" that "places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed." [2]

The city of Blue Hill, Nebraska, followed suit and enacted a similar ordinance outlawing abortion on April 13, 2021. [3]

The village of Stapleton, Nebraska, enacted an ordinance outlawing abortion on August 8, 2022. [4]

On November 8, 2022 citizens in five villages in Western Nebraska (Arnold, Paxton, Brady, Hershey, and Wallace) saw local abortion bans pass in each one of their communities. [6]

Former Nebraska Governor Pete Ricketts (R) has praised the cities for their actions to outlaw abortion, issuing a statement that: "Nebraska is a pro-life state, and communities are working to recognize and protect innocent life in a variety of ways. The Biden-Harris Administration is pushing a radical, pro-abortion agenda, and Nebraska must do everything we can to stand against the abortion lobby." [3]

Potentially unconstitutional

In June 2023, a lawsuit was filed because potentially it could be unconstitutional - because it violated the "one subject per rule by the Legislature". The bill now an Act enacted by the Governor with an emergency clause, causing a law to go into immediate effect has two subjects - namely abortion and gender-affirming healthcare. [48]

Related Research Articles

Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.

Abortion in Arkansas is illegal except when it is necessary to save the life of the mother. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.

Abortion in Delaware is legal up to the point of fetal viability. 55% of adults said in a poll by the Pew Research Center that abortion should be legal and 38% stated it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.

Abortion in the District of Columbia is legal at all stages of pregnancy. In 1971, in United States v. Vuitch, the U.S. Supreme Court upheld a law saying abortion was allowed for health reasons, which include "psychological and physical well-being". Consequently, the District of Columbia became a destination for women seeking abortions starting that year.

Abortion in Maine is legal at all stages of pregnancy, although terminations after the fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal with 33% stating that it should be illegal in all or most cases.

Abortion in Massachusetts is legal at all stages of pregnancy, although terminations after the 24th week can only be performed if a physician determines it to be medically necessary. Modern Massachusetts is considered to be one of the most pro-choice states in the country: a Pew Research poll finding that 74% of residents supported the right to an abortion in all or most cases, a higher percentage than any other state. Marches supporting abortion rights took place as part of the #StoptheBans movement in May 2019.

Abortion in Montana is legal. The number of abortion clinics in Montana has fluctuated over the years, with twenty in 1982, twelve in 1992, eight providers of which seven were clinics in 2011, and five clinics in 2014. There were four clinics from 2015 to February 2018 when All Families Healthcare clinic in Whitefish reopened. There were 1,690 legal abortions in 2014, and 1,611 in 2015.

Abortion in North Dakota is illegal. The state's sole abortion clinic relocated to Minnesota.

Abortion in Oregon is legal at all stages of pregnancy.

Abortion in Rhode Island is legal. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.

Abortion in South Carolina is legal up to when an embryonic heartbeat can be detected, usually around 6 weeks gestation. On May 25, 2023, Governor Henry McMaster signed a 6-week ban, and it took effect immediately. The ban was indefinitely blocked in court on May 26, and reinstated by the South Carolina Supreme Court on August 23.

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

Abortion in the U.S. state of Virginia is legal up to the end of the second trimester of a pregnancy. Before the year 1900, abortion remained largely illegal in Virginia, reflecting a widespread trend in many U.S. states during the 19th and early 20th centuries. Abortion was viewed as a criminal act and subject to state laws that prohibited it. However, by 1950, Virginia introduced a legal therapeutic exception, allowing for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. Notably, the University of Virginia Hospital established a review board in 1950 responsible for evaluating and approving abortion requests, particularly those grounded in psychiatric reasons. This thorough approval process resulted in a significant decrease in the number of abortions performed at the hospital.

Abortion in Washington is explicitly legal up to the point of fetal viability, although there is no law prohibiting it after that point. In a poll by the Pew Research Center, 60% of adults said that abortion should be legal in all or most cases.

Abortion in West Virginia is illegal except in cases of rape, incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.

Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.

Abortion in Wyoming is currently legal due to a temporary court injunction.

References

  1. ↑
  2. 1 2 3 4 Standiford, Melanie (7 April 2021). "Hayes Center is first Nebraska town to make abortion illegal and punishable by law". www.1011now.com. Archived from the original on 18 April 2021. Retrieved 15 April 2021.
  3. 1 2 3 "Blue Hill is second Nebraska town to outlaw abortion in city limits". www.1011now.com. 15 April 2021. Retrieved 15 April 2021.
  4. 1 2 "Stapleton bans abortion, Curtis sends abortion ban to November ballot". MSN. Retrieved 2022-11-21.
  5. 1 2 Shatara, Jay (16 April 2021). "Two Nebraska towns outlaw abortion". nebraska.tv. Retrieved 16 April 2021.
  6. 1 2 "Abortion ban fails in small Nebraska town; others pass, some narrowly". Nebraska Public Media. Retrieved 2022-11-21.
  7. ↑
  8. 1 2 "Views About Abortion Among Adults in Nebraska". 30 May 2014. Retrieved June 27, 2022.
  9. ↑ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  10. ↑ "State Abortion Counseling Policies and the Fundamental Principles of Informed Consent". Guttmacher Institute. 2007-11-12. Retrieved 2019-05-22.
  11. ↑ Times, The New York. "Abortion Restrictions in States". archive.nytimes.com. Retrieved 2019-05-25.
  12. ↑ Davey, Monica (2010-04-13). "Nebraska Law Sets Limits on Abortion". The New York Times. ISSN   0362-4331 . Retrieved 2022-03-25.
  13. ↑ "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. 2013-06-27. Retrieved 2019-05-27.
  14. ↑ Schulte, Grant (April 7, 2022). "Abortion rights backers block 'trigger' law in Nebraska". AP News. Retrieved April 27, 2023.
  15. ↑ Beck, Margery (April 27, 2023). "Nebraska 6-week abortion ban fails to advance in Legislature". AP News. Retrieved April 27, 2023.
  16. ↑ Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
  17. ↑ de Vogue, Arinne (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  18. ↑ Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  19. ↑ "Timeline of Important Reproductive Freedom Cases Decided by the Supreme Court". American Civil Liberties Union. Retrieved 2019-05-25.
  20. ↑ Larson, Jordan. "Timeline: The 200-Year Fight for Abortion Access". The Cut. Retrieved 2019-05-25.
  21. ↑ Akron v. Akron Center for Reproductive Health , 462 U.S. 416 (1983).
  22. ↑ Planned Parenthood v. Casey , 505 U.S. 833 (1992).
  23. ↑ Stenberg v. Carhart , 530 U.S. 914, 922-23 (2000)
  24. ↑ Stenberg v. Carhart , 530 U.S. 914, 922 (2000)
  25. 1 2 Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. Diane Publishing. ISBN   9780788174810.
  26. ↑ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved 2019-05-23.{{cite web}}: CS1 maint: multiple names: authors list (link)
  27. ↑ Panetta, Grace; lee, Samantha (2018-08-04). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Archived from the original on 2019-05-24. Retrieved 2019-05-24.
  28. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved 2019-05-23.
  29. ↑ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR   2133995. PMID   1269687.
  30. ↑ "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved 2019-05-25.
  31. ↑ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN   1546-0738. PMC   6289084 . PMID   29166366.
  32. ↑ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN   1546-0738. PMC   6289084 . PMID   30462632.
  33. ↑ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi: 10.15585/mmwr.ss6811a1 . ISSN   1546-0738. PMC   6289084 . PMID   31774741.
  34. ↑ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved 2019-05-25.
  35. ↑ Weber, Brent (June 24, 2022). "Hundreds in Omaha protest Supreme Court abortion ruling". WOWT NBC 6. Retrieved June 25, 2022.
  36. ↑ Beck, Margery (February 1, 2023). "Nebraska lawmakers put off vote on 'heartbeat' abortion ban" . Retrieved February 25, 2023.
  37. ↑ Conley, Julia (May 19, 2023). "Chants of 'Shame!' After Nebraska GOP Bans Abortion, Trans Youth Healthcare" . Retrieved May 21, 2023.
  38. ↑ "Protests at Nebraska State Capitol as Lawmakers Debate Abortion Access, Gender-Affirming Care Bill". May 16, 2023. Retrieved May 21, 2023.
  39. ↑ "About Us – Nebraska Right to Life". Nebraska Right to Life. Retrieved 2024-02-13.
  40. ↑ Sherman, Carter. "Group uses billboards and banners to expose Nebraska's anti-abortion laws". The Guardian. Retrieved 2024-02-13.
  41. ↑ "Abolish Abortion Nebraska". Abolish Abortion Nebraska. Retrieved 2024-02-13.
  42. ↑ Extra-synodal Legislation: Bishop Fabian Bruskewitz at ewtn.com. March 19, 1996. Retrieved 2011-07-20.
  43. ↑ NCCB/USCC President Issues Statement on Catholics for a Free Choice Archived 2011-11-13 at the Wayback Machine
  44. ↑ Faith in the Spotlight Archived 2012-03-16 at the Wayback Machine , National Catholic Register
  45. ↑ Paulson, Michael (2004-04-11). "A debate simmers over Kerry and the Eucharist". Boston.com. Retrieved 2023-01-01.
  46. ↑ Jacobson, Mireille; Royer, Heather (December 2010). "Aftershocks: The Impact of Clinic Violence on Abortion Services". American Economic Journal: Applied Economics. 3: 189–223. doi:10.1257/app.3.1.189.
  47. ↑ "LPD: Planned Parenthood Targeted By A Molotov Cocktail". 30 August 2009. Archived from the original on 1 September 2009.
  48. ↑
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