Legislator urges 'yes, no' vote on abortion measures

In the past three weeks, I outlined all six ballot initiatives and referendum measures that will be on this year’s General Election ballot. This editorial is dedicated to my personal perspective on two ballot measures: Initiative Measures 434 (Protect Women and Children) and 439 (Protect Our Rights) relating to abortion. In my mind, we should strive to do the most good and preserve human life. This is why I am encouraging pro-life voters in Nebraska to consider voting for Initiative Measure 434 and against Initiative Measure 439 this November.

Last year, the legislature enacted Legislative Bill 574 (a bill I co-sponsored) which, among its provisions, enacted the Preborn Child Protection Act. This law restricts abortion after 12 weeks of pregnancy while creating exceptions for medical emergencies (e.g., ectopic pregnancies or to save the life of the mother), rape and incest. Initiative Measure 434 would essentially codify the Preborn Child Protection Act created by LB574 into the state constitution while leaving room for potential future restrictions in our statutes.

Initiative Measure 439 would codify a right to abortion in the Nebraska Constitution until fetal viability, as determined by a health care provider. Many medical experts set the age of viability between 22- and 24-weeks’ gestation, although critics of the measure say doctors could push that later. This measure is intended to return Nebraska to the time when Roe v. Wade was the law of the land and would essentially repeal the Preborn Child Protection Act.

According to figures by the Nebraska Department of Health and Human Services, 2,507 abortions were reported to DHHS in 2022 compared to 2,360 in 2021, a 6% increase. This trend was driven, in part, by an increase in out-of-state persons seeking the procedure following the Dobbs decision and other states moving to further restrict abortion. The last year that reported abortions surpassed 2,500 in Nebraska was in 2009. With the enactment of LB574, the overall number of abortions reported fell to 2,325 abortions, down 8.72%. Many of the abortions occurred prior to LB574 becoming law, as the number of abortions dropped by about 25% in the seven months after that law took effect.

From my perspective, the Protect Our Rights Initiative 439 certainly would not protect the rights of the many unborn children who would not be here because of an abortion. Rather, I see the potential for Nebraska to become a true abortion sanctuary for people from Iowa, Missouri and South Dakota, each of which already offer more complete protections for the unborn than Nebraska.

Additionally, 439 leaves open an avenue for taxpayers to be compelled 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. In my mind, 439 represents a step backwards in terms of pro-life legislation.

I know there are people who are dissatisfied with Initiative Measure 434 and not going far enough to protect the unborn. Ultimately, there is much state and national interest on both sides of the abortion issue to ensure their stance prevails, and we are seeing a very heated race that will have lasting implications for the state. Based on reviews by the national and state attorneys from a broad coalition of pro-life groups, Initiative Measure 434 would set a ceiling, not a floor for how lax Nebraska’s abortion restrictions can be at the second trimester. This measure would serve as a backstop in case a future legislature works to completely repeal the decades of efforts that state senators have put in thus far to try to protect the unborn.

I want to remind voters that for a ballot measure to pass, it needs more “for” votes than “against” votes and must receive at least 35% of the total votes cast at that election to be in favor of the measure. If both 434 and 439 pass and are found to be in conflict with one another, the measure that receives the largest total number of raw votes in support will become part of the Nebraska Constitution, barring a scenario such as a court challenge. This is all the more reason for pro-life voters in Nebraska to consider voting for Initiative Measure 434 and against Initiative Measure 439 this November.

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