Suit claims law combining abortion restrictions, youth gender surgery prohibition is unconstitutional

Suit claims law combining abortion restrictions, youth gender surgery prohibition is unconstitutional
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May 30th, 2023 | News Release / KNEB News Staff

A lawsuit has been filed in Lancaster County District Court claiming the recently enacted law containing more restrictive abortion limits and a ban on youth gender transition surgery runs afoul of the Nebraska Constitution.

The American Civil Liberties Union and their Nebraska chapter are assisting Planned Parenthood of the Heartland and Dr. Sarah Traxler, the chief medical officer of Planned Parenthood North Central States and an abortion provider, in a suit against Governor Jim Pillen, Attorney General Mike Hilgers and several officials with the Department of Health and Human Services.

The groups are seeking a court order blocking enforcement of the new restrictions, and declaring them unconstitutional on the basis that they pertain to two distinct subjects. Language from the Nebraska State Constitution is at the heart of the suit, specifically the clause that says ‘No bill shall contain more than one subject’.

Pillen signed LB 574 into law last week, and in addition to a permanent injunction, the lawsuit also asks for a preliminary injunction blocking enforcement of the restrictions while litigation is pending.

The petitioners say the abortion restrictions, which took effect May 23, are already having an impact, with Planned Parenthood currently attempting to help patients find services in nearby states. In a release from ACLU of Nebraska, Planned Parenthood says if past numbers hold steady, more than 200 patients each year will be impacted by the abortion restrictions.

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