Nebraska Initiative 439, officially titled "Nebraska Right to Abortion Initiative", was a proposed constitutional amendment that appeared on the November 5, 2024 ballot in Nebraska. If passed, it would have amended the

Nebraska Constitution The Nebraska Constitution is the basic governing document of the U.S. state of Nebraska. All acts of the Nebraska Legislature, the governor, and each governmental agency are subordinate to it. The constitution has been amended 228 times since it ...

to establish a right to

abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...

until

fetal viability Fetal viability is the ability of a human fetus to survive outside the uterus. Viability depends upon factors such as birth weight, gestational age, and the availability of advanced medical care. In low-income countries, more than 90% of extr ...

. It and Initiative 434 were mutually exclusive; the one with more votes in favor would become law in the event both amendments passed. Initiative 439 failed after 51% of Nebraskan voters voted against it, with only 49% voting in favor. On the contrary, Initiative 434, an amendment that restricts abortion after the first trimester, passed with just under 55% voting in favor.

Background

Legislative history

In April 2023, LB626, the ''Nebraska Heartbeat Act'', failed 32–15, falling one vote short of the 33 votes needed to end a filibuster. If enacted, the bill would have outlawed abortion at

six weeks ''Six Weeks'' is a 1982 American drama film directed by Tony Bill and based on the 1976 novel of the same name by Fred Mustard Stewart. It stars Dudley Moore, Mary Tyler Moore, and Katherine Healy. Plot Charlotte Dreyfus, a wealthy cosmetic ty ...

with exceptions for rape, incest, and medical emergency. Then, after LB626 failed in April, after Ben Hansen voted against LB626, he amended LB574 to add

. In May 2023, LB574, the ''Adopt the Let Them Grow Act'', approved 33–15, was one vote above of the 33 votes needed to end a filibuster. Nebraska enacted a law banning most abortions after 12 weeks of pregnancy, with exceptions for cases of rape, incest, and to save the life of the pregnant person. This law replaced the previous 20-week abortion ban.

''Nebraska Heartbeat Act vote''

The bill was failed by the Senate on April 27 by a 32–15–2 vote. Senators

Justin Wayne Justin Morgan Wayne (born April 16, 1979) is an American former professional baseball pitcher, who played for the Florida Marlins of Major League Baseball for three seasons. In 2018, he was sentenced to two years in federal prison for insurance ...

and Ben Hansen did not vote. Later, Ben Hansen modified his vote to yea.

''Adopt the Let Them Grow Act vote''

The bill was approved by the Senate on May 19 by a 33–15–1 vote. Senator

did not vote.

Aftermath

A November 2022 Hart Research poll found that 59% of Nebraskans opposed further abortion restrictions, with 48% strongly opposed, while only 36% supported additional bans, revealing increased support for

abortion rights Abortion-rights movements, also self-styled as pro-choice movements, are movements that advocate for legal access to induced abortion services, including elective abortion. They seek to represent and support women who wish to terminate their p ...

across both rural and urban areas and all congressional districts compared to earlier polling. In response to this new restriction, citizens began a petition to place a constitutional amendment on the 2024 ballot that would protect abortion rights in Nebraska.

Ballot measure

The proposed amendment would add the following text to Article I of the Nebraska Constitution:

Polling

Results

By congressional district

Despite losing the state, "Yes" won 2 of 3 congressional districts, both of which elected Republicans.

Notes

References

External links

* {{2024 United States elections 2024 Nebraska elections

Nebraska Nebraska ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Ka ...

Abortion referendums Nebraska ballot measures Healthcare in Nebraska Women's health Women in Nebraska Reproductive rights in the United States States' rights United States state abortion legislation