Legislator explains ballot measures

I would first like to express my gratitude to the first responders who quickly handled the explosion and fire at St. Patrick’s Parish in O’Neill earlier this week. I am thankful that there were no catastrophic injuries or loss of life and am hopeful that the parish, Avera St. Anthony’s Hospital and St. Mary’s School can quickly recover. I have been in contact with other state officials to help coordinate state resources to ease the recovery of Avera St. Anthony’s, which sustained damage. I give much kudos to the leaders of the City of O’Neill, Holt County and various state agency partners who have done a tremendous job in addressing this situation so far.

This week, I will be discussing Initiative Measure 434 and Initiative Measure 439. Both initiatives revolve around the issue of abortion and propose to amend the Nebraska Constitution. Either initiative, if passed, would create guidelines on how the legislature and state courts can address issues relating to abortion unless the amendment is later overturned by voters or overruled by federal law or court decision.

Initiative Measure 434 (Protect Women and Children Initiative), seeks to provide that, “[e]xcept when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters.” The intent of this measure is to preserve Nebraska’s 12-week restriction on abortion enacted by the legislature last year through Legislative Bill 574. If passed by voters, Nebraska would become the first state in the country to provide protections to preborn children through its state constitution since Roe v. Wade was overturned.

Supporters of Initiative Measure 434 contend that there is a need to create a balance between providing protections for unborn children while offering exceptions to safeguard a woman’s health and safety in extreme cases like rape, incest, and medical emergencies. This measure would create a floor, not a ceiling, at about 12 weeks to protect unborn children and uphold current health and safety standards currently in Nebraska law. Opponents of Initiative Measure 434 argue that this change to the constitution could lead to more government control over Nebraskans’ healthcare, including restricting procedures like in vitro fertilization or the enactment of a full abortion ban without any exceptions.

Initiative Measure 439 (Protect Our Rights Initiative), seeks to provide that “[a]ll persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. Fetal viability means the point in pregnancy when, in the professional judgment of the patient’s treating health care practitioner, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.” The intent of this measure is to repeal Nebraska’s current laws restricting abortion.

Supporters of Initiative Measure 439 contend that there is a need to end the current abortion ban so that families are in control of their own personal medical decisions, not the government. This change to the state constitution would allow doctors to provide their patients with the best care possible without risking criminal prosecution. Opponents of Initiative Measure 439 argue that this measure would create a new constitutional right to abortion for “all persons” and leaves open the possibility of allowing full term abortion since viability is based on a medical professional’s judgment. The initiative would also eliminate parental notification requirements, thereby potentially depriving parents of their ability to consent or know if their minor daughter seeks an abortion. Opponents have also raised concerns this change to the state constitution would compel taxpayers to fund abortion since the state would need to direct state Medicaid dollars to pay for some or all abortions deemed medically necessary to comply with the initiative measure.

I would encourage you to make sure you read the language of each one carefully before voting. Also, be aware that when there is a conflict between two competing initiatives, the one that receives the most raw “Yes” votes will supersede and become law, even if both initiatives receive a majority of support. It would be up to Governor Pillen to decide whether the constitutional amendments conflict one another and to what degree once the election results are certified.

I invite you to let me know your thoughts, ideas, concerns, or suggestions. My Capitol office telephone number is 402-471-2801 and my email is [email protected]. My mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.