After the failure of a bill that would have banned abortions around six weeks of pregnancy, a Nebraska lawmaker is looking to introduce new abortion restrictions as part of a separate bill that would ban gender-affirming care for transgender youth.
State Sen. Ben Hansen of Blair introduced an amendment to LB574 that would ban abortions at 12 weeks past gestation, and would change the details of the original bill. As currently written, LB574 would ban puberty blockers, hormone therapy and gender-affirming surgeries for individuals under 19.
Hansen's amendment would instead just ban surgeries for those under 19, and would task the Nebraska Department of Health and Human Services to regulate puberty blockers and hormone treatment. Patients who have already undergone such treatment prior to the legislation taking effect would be exempt.
Framed by supporters as a compromise, the proposal drew fierce criticism Monday from opponents. Sen. Megan Hunt of Omaha said the amendment joins the "two most explosive, nuclear" bills of the session into one piece of legislation, and called out lawmakers for trying to resurrect a bill that was already killed.
"You are so unable to lose fair and square that you're seriously willing to blow up the entire session," Hunt said.
In terms of transgender health care, Hansen's amendment is a less restrictive version of what LB574's introducer, Sen. Kathleen Kauth of Omaha, was planning to offer through her own amendment. She previously said her amendment would mainly be to include a grandfather clause, while maintaining LB574's ban on puberty blockers, hormone therapy and surgeries.
Monday, however, Kauth expressed her support for Hansen's amendment. Although she isn't totally happy with the changes he is proposing, she said Hansen's amendment should ensure the votes are "rock solid" to pass the measure.
Hansen and Kauth both described the amendment as a compromise — both on LB574, and on the previous bill that aimed to increase abortion restrictions. Hansen said the changes to LB574 incorporated suggestions opponents made during a series of talks after the trans health care bill's second round of debate.
Two weeks ago, lawmakers failed to advance LB626, which would have banned abortions once embryonic cardiac activity can be detected, around six weeks of pregnancy. The bill was blocked by one vote when co-sponsor Sen. Merv Riepe of Ralston was present but not voting on a filibuster-ending cloture motion.
Riepe had introduced his own amendment to LB626, which would have banned abortions at 12 weeks after fertilization. Hansen said he consulted with Riepe on his amendment, which incorporates Riepe's suggestions with some of the original components of LB626.
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A 12-week ban based on gestational age is more restrictive than Riepe's proposal at 12 weeks post fertilization. Gestational age measures a pregnancy based on the woman's last menstrual period, whereas fertilization refers to the moment the egg is fertilized. The difference between the two could amount to several weeks.
Hansen's amendment also does not include an exception for fetal anomalies, as Riepe's amendment did. Although Hansen said Riepe had committed to supporting the amendment, Riepe indicated Monday that he was still undecided.
"I want to wait until it plays out," Riepe said.
A 12-week abortion ban is more expansive than many conservative lawmakers had hoped to pass this session, including Hansen. Last year, lawmakers narrowly failed to pass a total abortion ban, and before LB626 was blocked, many lawmakers spoke against Riepe's 12-week suggestion.
Kauth and Hansen said many of those same lawmakers were disappointed when LB626 failed, and while they would favor more restrictive legislation, they would rather increase abortion restrictions somewhat than to do nothing.
"Pro-life is sometimes a gradient," Hansen said.
Two presumed swing votes on LB574, Sens. Tom Brandt of Plymouth and Jana Hughes of Seward, would not confirm how they plan to vote when the bill reaches its final round of debate. Brandt said he was given a rough outline of the Hansen amendment before it was introduced, but he still wants to read it for himself before he decides. Hughes said she also hasn't finished reading the amendment, but as of Monday afternoon she was "leaning yes."
Opponents railed against various aspects of the amendment on the floor Monday. Sen. Machaela Cavanaugh of Omaha, who has launched a session-long filibuster in protest of LB574, said adopting the amendment would be inviting a lawsuit based on Nebraska's single-subject rule alone.
Sen. Jen Day of Omaha said some senators were treating the legislation as a game, with winning as the goal. But all this legislative maneuvering, she said, will have a big effect on people’s lives.
“I literally have no idea how you people sleep at night,” she said. “People are going to die.”
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World-Herald staff writer Martha Stoddard contributed to this report.