The Nebraska Supreme Court upheld a law that limits sex change surgeries and restricts abortion on Friday after a three-week filibuster.
The state of Nebraska forbids bills from containing more than one subject, but the court noted that the “Let Them Grow Act” (LB574) restricting sex change surgeries for minors fell under the same category as abortions, according to the court ruling. The court ruled that both sex change surgeries and abortion were related under the “medical care” category, making them a singular subject.
“The bill’s provisions invariably impose controls on Nebraska citizens who are not doctors and who are more than mere bystanders,” the ruling states. “The subject the court inappropriately created overlooks the real world prohibitions on the receipt of medical care.”
The original lawsuit was presented by the American Civil Liberties Union representing Planned Parenthood of the Heartland, according to The Associated Press. The ruling upheld the state’s 12-week abortion ban as well as a law banning children under the age of nine from receiving sex change surgeries.
“We reject Planned Parenthood’s contention that L.B. 574 is unconstitutional because its regulation of abortion does not further its regulation of gender-altering care and vice versa,” the ruling states. “Here, even though abortion and gender-altering care are distinct types of medical care, and even though L.B. 574 effectuates its purpose or object differently for each type, when broadly construing L.B. 574, all its provisions certainly are encompassed within the regulation of permissible medical care.”
— Nebraska Attorney General Mike Hilgers (@NEAttorneyGen) July 26, 2024
The Republican lawmakers had originally proposed two separate bills, one including an abortion ban at six weeks and the other banning sex change surgeries for minors, the AP reported. The six-week abortion ban could not defeat a filibuster, so the Legislature added a 12-week abortion ban to the sex change surgeries bill.
“With all due respect, it is not candid to say L.B. 574 regulates health care but does not impact patients,” the ruling states. What about the children? What about the parents? And remember the ladies.”
A district court dismissed the initial lawsuit which was later appealed, with arguments going back and forth on whether or not the bill violated the state’s rule of bills containing one subject, according to the court ruling. Ultimately, the Nebraska Supreme Court ruled that the two subjects fell under the same category, making them a singular bill.
In June, the Texas Supreme Court ruled in favor of a law banning sex change surgeries for minors, barring them from receiving puberty blockers, hormone therapies and transition surgeries. The court upheld a ban on surgeries that sterilize children, including mastectomies, the removal of any otherwise healthy body part or tissue.
The Supreme Court ruled in favor of Idaho in April, allowing the state to enforce its law banning sex change surgeries for minors like a mastectomy, vaginoplasty or phalloplasty. Doctors can face up to ten years in prison if they are caught violating the law.
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