Nebraska Will have Two Abortion Amendments on the Ballot, Here’s What You Need to Know

As is the case in several states, Nebraskans will be able to vote this November on whether to amend its state constitution regarding abortion rights. Unlike other states, Nebraska will have competing options.

That’s because on Friday Nebraska Secretary of State Bob Evnen announced that two ballot initiatives (Protect Women & Children and Protect the Right to Abortion) each gathered enough qualifying signatures  to be placed on the November ballot.

“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,” Evnen said.

This makes Nebraska the first state to carry competing abortion amendments on the same ballot since the U.S. Supreme Court overturned Roe v. Wade in June 2022.

The “Protect the Right to Abortion” proposal would codify a right to abortion in the Nebraska Constitution until fetal viability, as determined by a health care provider (approximately 24 weeks gestation), “or when needed to protect the life or health of the pregnant patient.”

“Protect Women & Children” would constitutionally protect babies in the womb in the second and third trimesters, consistent with current Nebraska law.

“It’s vital that Nebraskans understand what these proposed amendments entail,” said Sandy Danek, executive director of Nebraska Right to Life. “The pro-abortion amendment would negate several existing laws that have been enacted over the past decades to protect mother and baby such as prohibitions against partial-birth, dismemberment and web-cam abortions, and parental notification requirements,” Danek added.

Danek said that the pro-abortion amendment is worded broadly, and terms such as “fetal viability,” “health of the mother,” and “health care practitioner” are left undefined. She provided examples of possible consequences.

“A full-term baby could be legally aborted because the mother tells a health care practitioner (which may or may not be a licensed physician, and would most likely be the paid abortionist) that having the child would have a negative effect on her mental health or even her financial ‘health’ (meaning she can’t afford the child).”

“Also, since the right to abortion would be ‘without interference from the state,’ a child predator or human trafficker could take a minor into an abortion clinic and obtain an abortion for her without the knowledge of anyone, including a parent/guardian.”

Danek added that the proposal could even open the door to forcing taxpayers to fund abortions.

To combat the extreme measures of the pro-abortion proposed amendment, Nebraska Right to Life has been part of the coalition that endorses the Protect Women & Children amendment, which Danek said will maintain the existing commonsense protections for which Nebraskans have already shown support.

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