Today, the Nebraska Supreme Court upheld the constitutionality of LB574, the “Let Them Grow Act,” a bill that brought protection to Nebraska babies starting at 12 weeks gestation. It also protects Nebraska minors from gender-altering procedures.

The plaintiff challenging LB574 was Planned Parenthood, represented by ACLU of Nebraska.

In a 6-1 ruling, the court rejected Planned Parenthood’s lawsuit that charged that the law passed in the 2023 Legislative session violated Nebraska’s single-subject rule which states no bill shall contain more than one subject, with the subject clearly expressed in the title. LB574 was signed into law by Governor Jim Pillen on May 22, 2023.

“After our review of the facts of this case and our historical legal precedent wherein we have rarely found violations … we find no merit to Planned Parenthood’s argument that LB 574 contains more than one subject,” the court ruled.

In a statement, Gov. Pillen said he was “grateful for the court’s thorough and well-reasoned opinion upholding these important protections for life and children in Nebraska.” 

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“We are grateful for the Nebraska Supreme Court’s decision upholding important protections benefiting Nebraska families,” said Sandy Danek, executive director with Nebraska Right to Life.

Nebraska law, prior to the passage of LB574, allowed for abortion up to 20 weeks with passage of its Pain Capable Unborn Children Protection Act—the first law of its kind—passing in 2010.

For the last five decades, Nebraska’s pro-life efforts have yielded critical protections for women and their preborn children including parental involvement, informed consent, and a prohibition on webcam abortions. However, all these safeguards could be lost if the Protect the Right to Abortion proposed constitutional amendment is not defeated.

If Protect the Right to Abortion passes, it would enshrine abortion access in the Nebraska state constitution. “We trust that the majority of Nebraskans will not only reject that amendment, but also vote YES on the proposed amendment, Protect Women and Children,” Danek stated.

By contrast “Protect Women and Children” protects the lives of preborn babies in the second and third trimesters (with exceptions) consistent with current law, while also maintaining women’s medical health & safety standards.  If passed, “Protect Women and Children” would make Nebraska the first state in the nation to protect preborn life in its state constitution.

“We agree ideologically with those who want to protect babies at any stage in the womb,” Danek added. “Nebraska Right to Life will continue to work toward the goal of protecting all life, from the moment of conception to natural death.”