Nebraska Protect Women & Children Initiative Shall the Nebraska Constitution be amended to include a new section which provides: “Except 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."
Nebraska Initiative 434, officially titled "Nebraska Protect Women & Children Initiative" or "Prohibit Abortions After the First Trimester Amendment", and listed on the ballot as Initiative Measure 434, was a proposed constitutional amendment that appeared on the November 5, 2024 ballot in Nebraska. It amends the Nebraska Constitution to ban elective abortions in the second and third trimester, though it allows more restrictive laws such as the 12-week ban passed by the Legislature in 2023, which like the constitutional amendment includes exceptions for rape, incest and medical emergencies.[1] Initiative 434 and Initiative 439 were mutually exclusive; only the one with more votes in favor would become law in the event both amendments passed.
Initiative 434 was approved by voters with 55% of votes, beating out Initiative 439 at 49%.[2]
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 with exceptions for rape, incest, and medical emergency.[3]
Then, after LB626 failed in April, after Ben Hansen vote against LB626, he amendment LB574 to add Abortion on the bill. In May 2023, LB574, the Adopt the Let Them Grow Act, approved 33–15, it 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.[4] This law replaced the previous 20-week abortion ban.[5]
Nebraska Heartbeat Act vote
The bill was failed by the senate on April 27 by a 32–15-2 vote.
Senators Justin Wayne and Ben Hansen, who did not vote. Later, Ben Hansen modified his votes to yes.
In November 2022, a Hart Research poll revealed that 59% of Nebraskans opposed further abortion restrictions, with 48% strongly opposed. Only 36% supported additional bans, highlighting increased support for abortion rights across both rural and urban areas, as well as all congressional districts. In response to recent legislative restrictions, citizens initiated a petition drive aiming to place a constitutional amendment on the 2024 ballot. This amendment would seek to protect abortion rights in Nebraska.[6]
In response, citizens began a petition drive to place a constitutional amendment that would ban elective abortion in the second and third trimester, with exceptions for rape, incest and medical emergency.[1]
Ballot measure
The proposed amendment would add the following text to Article I of the Nebraska Constitution:
Except 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.
In addition to the proposed amendment, the house resolution also added an explanatory statement to the ballot paper as follows:[7]
A vote for will amend the Nebraska Constitution to provide that, except 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.
A vote against will not amend the Nebraska Constitution in such manner.
