Nebraska Votes to Protect the Unborn, Adds Abortion Restrictions to Constitution

A prolonged dispute over abortion legislation in Nebraska concluded on Nov. 5 when voters rejected an attempt to establish a right to abortion and instead enshrined protections for the unborn.

Initiative 434, known as the “Protect Women and Children” amendment, stipulates that “unborn children shall be protected from abortion in the second and third trimesters” of pregnancy, with exceptions for cases involving rape, incest, or medical emergencies. This effectively imposes a ban on all abortions after 12 weeks of gestation.

The amendment garnered 55 percent of the vote, prevailing over a rival initiative (Initiative 439) that sought to establish a “fundamental right” to abortion until fetal viability or to safeguard the mother’s life or health.

Despite a close race, a slight majority (51 percent) of voters rejected the pro-abortion amendment.

Currently, Nebraska restricts most abortions to within the first 12 weeks of pregnancy, with exceptions for cases involving rape, incest, or a medical emergency. The approved amendment does not alter these parameters but will make it more challenging for proponents of abortion to pass laws in the future to extend them.

Initiative 434 and Initiative 439, the “Protect the Right to Abortion” amendment, faced three lawsuits in the lead-up to the election as opponents of both initiatives questioned their compliance with the state’s single-subject requirement for ballot initiatives.

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Celebrating the election’s results on Nov. 6, March for Life applauded Nebraskans for their decision.

“March for Life also applauds the people of Nebraska for the successful passage of pro-life Issue 434. Nebraskans have voted to create protections for the unborn in the 2nd and 3rd trimester, to preserve health and safety standards between a woman and her doctor and to safeguard parental rights. Congratulations!”

Initiative 437 will allow patients and caregivers to possess up to 5 ounces of marijuana if recommended by a health care practitioner.

Another initiative that proposed a legal framework for regulating such an industry was likewise approved.

The adoption of the two measures came with drama. Two individuals have been charged in an alleged petition fraud scheme in the past months.

Weeks later, on Oct. 2, state officials announced charges against Jacy Todd, a notary public from York who also co-owns Herban Pulse, a CBD health and wellness shop. Todd faces 24 counts of official misconduct for allegedly notarizing petition pages outside the presence of petition circulators.

The findings prompted a civil trial seeking to have the ballot measures invalidated.

Egbert is a key witness in the trial.

Lancaster County District Judge Susan Strong ruled on Nov. 1 that votes on the initiatives could still be counted despite the ongoing trial. The judge also denied a request to delay the trial until after the criminal investigation has concluded.

It remains to be seen whether the court will nullify the two initiatives after the election.

Austin Alonzo contributed to this report.