JUDGE DISMISSES LB574 LAWSUIT, SAYS ABORTION AND GENDER CARE ARE HEALTH CARE

LINCOLN- A lawsuit trying to stop the new Nebraska law mixing a stricter abortion ban at 12 weeks of gestation with restrictions on gender-affirming care for trans minors was dismissed on Friday by a Lancaster County District Court judge. Judge Lori Maret sided with AG Mike Hilgers and the state, which argued LB574 did not violate the Nebraska Constitution’s requirement that bills cover only a single subject because both proposals covered health care.

“The rule … for legislative bills is that they must have ‘one general object, no matter how broad,’ and they must not include any matter that is not relevant to that general object,” Maret wrote. “Applying that standard here, the Court concludes that LB574 has the general object of health care and that all parts of the bill relate to health care.” The lawsuit Maret rejected had argued LB574 was unconstitutional because lawmakers combined two unrelated bills that spent most of the legislative session on separate tracks.

In a statement Friday, Hilgers thanked the court for “thoughtful analysis and recognition of the Legislature’s prerogatives and processes.” Gov. Jim Pillen said he was pleased with the ruling and that LB574 “protects kids and defends the unborn.” Maret’s decision left local advocates supporting abortion rights and trans rights pledging to appeal the decision to the Nebraska Supreme Court.

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