Nebraska voters will consider dueling pro-life and pro-abortion amendments in November

CNA Staff, Aug 23, 2024 / 17:45 pm (CNA).

Nebraska on Friday became the only U.S. state where voters will consider two conflicting ballot measures related to abortion in November.

One proposal would constitutionally enshrine the state’s current pro-life protections, and the other would enshrine a constitutional “right” to abortion — a proposal also on the ballot in several other states.

The proposed “Protect Women and Children” amendment would amend the state constitution to outlaw abortion “in the second and third trimesters” except in cases of medical emergencies or when the baby is the result of rape or incest. Nebraska’s current state law restricts abortion after roughly 12 weeks.

Meanwhile, the pro-abortion ballot measure would enshrine in the state constitution the “right” to have an abortion until the point of viability, or later to protect the health of the pregnant woman.

Nebraska joins a cadre of nine other states that will put ballot measures related to abortion before the people on election day, Nov. 5.

See CNA article for full interactive map.

Nebraska Secretary of State Bob Evnen announced Friday that both measures had gathered more than 136,000 signatures each, qualifying both for the ballot. However, the pro-abortion measure garnered signatures from 5% of registered voters in 47 counties, while the pro-life measure captured signatures from 5% of registered voters in 86 out of Nebraska’s 93 counties.

“As far as the Nebraska Secretary of State’s office is aware, Nebraska has never before had two conflicting petition efforts make the same ballot,” Evnen said.

Because the Nebraska measures are mutually exclusive and cannot both be added to the constitution, the measure with the most “for” votes will be added, Evnen continued. For a ballot measure to pass in Nebraska, 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. The governor is responsible for determining whether there is a conflict, per state law.

The Nebraska Catholic Conference, which advocates for policy in the state on behalf of the state’s bishops, has a web page with resources about the proposed pro-abortion measure, saying the measure “uses vague, subtle language to deceive Nebraskans and allow unrestricted abortions in our state constitution.”

The bishops described the Protect Women and Children amendment as an “imperfect alternative to the intrinsically evil pro-abortion ballot initiative proposal” and encouraged voters to view the proposal as an “incremental step toward full protection of all human life from abortion, and not as a permanent compromise.”

Voters can support the proposal, but “must understand that all abortion must be opposed and that direct abortion is never morally acceptable under any circumstances,” they stressed.

“Supporters must remain committed to the effort of recognizing the right to life of all preborn children.”