As the Nebraska Legislature prepares to discuss imposing severe limitations on abortion access, one lawmaker is advocating for voters to have a say in the matter. The Legislature's Health and Human Services Committee held a public hearing on Thursday to discuss two amendments introduced by Sen. Megan Hunt of Omaha, who has been leading the opposition against recent efforts to restrict abortion access in the state.
Sen. Megan Hunt
The proposed Legislative Resolution 18CA would amend Nebraska's Bill of Rights to include "reproductive freedom" as one of the inalienable rights of every individual. On the other hand, LR19CA would create a new section in the state constitution that would protect a person's right to make decisions related to their pregnancy, including the use of contraception and abortion, and would prohibit the state from penalizing individuals based on those choices.
If approved by lawmakers, which Sen. Hunt admits is unlikely, the two proposals will be presented to voters for approval on the 2024 ballot. In Nebraska, there are two ways to get a constitutional amendment on the ballot: through legislative action or a petition drive. Hunt emphasized that this issue falls under the jurisdiction of the states, as stated by the Supreme Court, and that the ultimate decision should rest with the people of Nebraska.
The public hearing held on Thursday attracted many people who testified for and against the resolutions, with dozens of individuals attending. Additionally, hundreds of written comments were submitted online, with over 100 in support of both proposals and over 400 in opposition to each one.
Lawmakers are currently engaged in a heated debate over LB626, which seeks to prohibit most abortions in Nebraska at approximately six weeks of pregnancy, when embryonic cardiac activity becomes detectable. Meanwhile, Sen. Megan Hunt's proposed amendments are unlikely to pass the committee stage. However, the fate of LB626 has become uncertain this week, as one of its presumed supporters, Sen. Merv Riepe of Ralston, introduced an amendment on Wednesday that would extend the abortion ban to 12 weeks instead of six. Riepe expressed regret for co-sponsoring the bill, saying he had "signer's remorse," in an interview with reporters.
The support of Sen. Merv Riepe is crucial for LB626 to survive a filibuster. While Riepe introduced an amendment to the bill that would extend the abortion ban to 12 weeks instead of six, he clarified on Thursday that he still plans to support the bill in a cloture vote. Senator Megan Hunt, on the other hand, opposes both LB626 and Riepe's amendment.
Abortion has been a significant topic in Nebraska for the past two legislative sessions, and the recent overturning of Roe v. Wade has heightened the sense of urgency around the issue. Both sides of the debate claim to have the support of the majority of Nebraskans, presenting conflicting data.
Hunt argued that LB626's supporters should not oppose putting the issue on the ballot if they are confident in their position's popularity. Supporters of the proposed constitutional amendments echoed that sentiment, with Lisa Lewis of the Jewish Federation of Omaha arguing that limiting abortion would restrict Jewish traditions that value a woman's life above all else.
Opponents of the amendments and supporters of LB626 argue that everyone has an inherent right to life and that abortions end some of those lives. Some opponents criticized the resolutions for not placing any restrictions on abortions, while others claimed that the proposals would effectively allow abortions up to full term. Hunt believes that the courts should decide that limitation, rather than regulating it through legislation.
Hunt does not expect her resolutions to pass the committee, but she remains confident that abortion rights will make it on the Nebraska ballot through other means, such as a ballot initiative.
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