Today, the ACLU and Planned Parenthood announced the constitutional amendment that would eliminate the state law that protects babies in the womb after 12 weeks.

Based on language related to “viability” and “health,” a right to elective abortions in the second and third trimesters, including up until the point of birth, will be embedded in Nebraska’s constitution if a new pro-abortion ballot measure push is successful.

The measure is part of a nationally coordinated effort by the abortion industry and their allies to remove all rights from the unborn, health protections for women, and parental rights.

In response to the rollout of the pro-abortion amendment, leaders of the Nebraska Pro-Life Coalition issued the following statements:

“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. This amendment would allow for abortion until the moment of birth,” Nebraska Right to Life Executive Director Sandy Danek. “This ballot measure is not pro-choice, it’s pro-abortion, and it does not reflect the values of Nebraskans.”

“Right out of the gate, those behind this ballot measure are parroting the lies told by pro-abortion activists in Ohio by saying women are dying without this amendment. Their claim that Nebraska does not have an adequate life of the mother provision is completely dishonest. The confusion they’re sowing does not just deceive voters but endangers pregnant women in Nebraska who need to know that state law unequivocally allows for them to receive emergency care,” said Adam Schwend, western regional director for SBA Pro-Life America.

“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,” said Paige Brown, spokeswoman for the Nebraska Catholic Conference. “The lie Planned Parenthood is selling that it is in a mother’s best interest to end her baby’s life at 12 weeks and beyond is appalling and goes against the science, which shows women are increasingly at risk for complications with abortions beyond the first trimester.”

“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. This evisceration of parental rights is something that will concern every mom and dad in Nebraska. Women and children deserve real compassionate care, not lies from the abortion industry,” said Karen Bowling, executive director of Nebraska Family Alliance.

Implications of the abortion ballot measure include:

  • Abortion throughout pregnancy — the amendment leaves post-viability abortion for “health” to the discretion of the abortionist. Without defining “health,” courts have found that it can be based on non-medical factors, including mental, spiritual, financial, or familial health. Furthermore, viability is defined as being based solely on the abortionist’s judgment and would not include any baby who needs “extraordinary medical measures,” which could be as simple as a short stay in the NICU.


  • The elimination of health and safety protections for women — language on the fundamental right to abortion “without interference from the state” puts all of Nebraska’s medical safeguards at risk. This includes obtaining informed consent and performing a medical screening, seeing a physician in person, or even seeing a medical professional at all. It would allow pills to be sold through the mail by people with no medical background.


  • The evisceration of parental rights – by using the words “all persons” rather than “women” in the amendment, this will mean parents will not have any ability to consent or even know if their minor daughter seeks an abortion. They may also have no recourse if their daughter is harmed during the abortion.

The Nebraska Pro-Life Coalition is comprised of Nebraska Right to Life, Nebraska Catholic Conference, Nebraska Family Alliance, and Susan B. Anthony Pro-Life America.

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Nebraska Family Alliance exists to advance family, freedom and life by influencing policy, mobilizing prayer, and empowering people.