Nebraska's new restrictions on abortion and gender-affirming care will remain in place while the Nebraska Supreme Court hears arguments on a challenge to the law.
The court announced Wednesday that it overruled a request by Planned Parenthood of the Heartland, backed by the American Civil Liberties Union of Nebraska, for a temporary injunction that would have halted LB574 during the time the case was considered.Â
The law still could be blocked if the court sides with Planned Parenthood's argument that LB574 violates a provision of the Nebraska Constitution that states a bill shall contain no more than one subject. The next court date has not been set yet.Â
"We are disappointed that the Nebraska Supreme Court has denied our injunction pending appeal to stay enforcement of LB574," ACLU of Nebraska's Legal Director Rose Godinez said in an email. "We are hopeful for a final decision from the court that upholds our state constitution’s clear single-subject rule."
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Planned Parenthood filed an appeal request in August after Lancaster County District Court Judge Lori Maret dismissed the lawsuit and sided with the state's arguments that LB574's regulations fell under the single category of health care.
The bill started out as an attempt solely to ban gender-affirming care for people under 19, while a separate bill sought to ban abortions after embryonic cardiac activity could be detected, at about the six-week mark. But the abortion measure, LB626, was blocked when supporters failed to get enough votes to cut off a filibuster.
Supporters then combined the two topics into an amendment that replaced the original language of LB574, which later passed the Legislature and put in place an immediate ban on abortions beyond 12 weeks gestation.Â
ACLU of Nebraska officials fought for an immediate injunction on the law, arguing that the abortion ban adversely affected Planned Parenthood and their patients, forcing some women to travel out of state for abortions or carry pregnancies against their will.Â
Now the restrictions on gender-affirming care for individuals under 19 also are about to take effect, starting Oct. 1. LB574 bans all gender-affirming surgeries, and directs the state Department of Health and Human Services to develop regulations for puberty blockers and hormone therapy.Â
DHHS officials have said they don't expect to have those regulations ready to implement when this part of the law takes effect. In that event, puberty blockers and hormone therapy for people within that age group will be fully banned during the interim, except for patients who were already receiving treatment prior to Oct. 1.Â