The Nebraska Supreme Court has upheld state legislation that imposes significant restrictions on gender-altering medical procedures for minors and limits abortions after 12 weeks of pregnancy. This dual-faceted law, known as the Let Them Grow Act, was passed by the state’s predominantly Republican unicameral legislature and signed into law by the governor in May 2023.
The law was immediately met with legal challenges. Planned Parenthood contended that the act violated Article III, Section 14 of the Nebraska Constitution, which stipulates that no bill shall contain more than one subject. The plaintiffs argued that the legislature had consolidated two separate measures into a single bill to boost the law’s chances of passing. However, the court countered that the legislation was unified under the single subject of regulating medical care, noting that it defines both procedures as “unprofessional conduct” for licensed healthcare providers.
Despite arguments from the ACLU of Nebraska and the organization’s subsequent appeal, the state’s highest court upheld the legislation. ACLU of Nebraska Executive Director Mindy Rush Chipman expressed disappointment at the ruling, underscoring the perceived ongoing harm inflicted on Nebraskans since the law’s enactment.
Nebraska Attorney General Mike Hilgers welcomed the decision, lauding the judiciary’s affirmation of the law’s constitutionality and the legislative process that led to its passage. Hilgers stated, “We are grateful for the work of the Court, and its ruling upholding the constitutionality of L.B. 574.”
Nebraska is among several states that have imposed bans on gender-altering care for minors, a legal landscape that the US Supreme Court is set to review in an upcoming term. The high court will specifically address the issue after granting certiorari in a similar case from Tennessee this past June, potentially setting a national precedent for such regulations.
More details on the ruling can be found here.