Conservative Nebraska lawmakers are expected to have just enough votes to pass a bill Friday that combines restrictions on gender-affirming care for minors with a 12-week abortion ban.
The mood in the Nebraska Capitol since the hybrid measure was advanced Tuesday by a single vote has been volatile. Lawmakers have traded insults and promises of retribution, while protesters have loudly voiced their displeasure. The bill ties together restrictions that Republicans across the U.S. have been pushing.
On Friday, debate was briefly stopped when protesters in a chamber balcony stood and yelled obscenities at conservative lawmakers while throwing what appeared to be bloody tampons onto the floor. Security arrested at least one person and cleared the balconies.
Lawmakers hurled pointed barbs, accusing each other of being fueled by hate. At one point while defending the abortion ban, Sen. Steve Erdman of Bayard quipped that "calling abortion health care is like calling being raped love making.”
The abortion ban would be the first in Nebraska since the U.S. Supreme Court last year struck down the landmark 1973 Roe v. Wade ruling, which established a nationwide right to abortion. The state currently bans abortion starting around 20 weeks of pregnancy.
The 12-week abortion ban includes exceptions for rape, incest and to save the life of the mother.
The bill also would prevent transgender people 18 or younger from receiving any gender-confirming surgery. The state’s chief medical officer — a political appointee who is currently an ear, nose and throat doctor — would set rules for puberty blockers and hormone therapies. There would be some exceptions for minors who were already receiving treatment before the ban was enacted.
Medical groups and advocates who say such restrictions are further marginalizing transgender youth and threatening their health.
Omaha Sen. Machaela Cavanaugh has led an effort to filibuster nearly every bill this session — even ones she supports — to protest the restrictions on gender-affirming care. She has railed against conservatives who voted for the hybrid bill and warned that people, medical professionals and businesses will leave the state over it.
Cavanaugh declared in early March that she would “burn the session to the ground over this bill,” and she and a handful of progressive allies followed through. They introduced hundreds of amendments and motions to slow every bill at every stage of debate, impeding the work of the Legislature and sending leadership scrambling to prioritize which bills to push through.
After lawmakers merged the abortion limits with the transgender health bill, Cavanaugh clashed with Sen. Julie Slama, who insinuated that conservatives were supporting the ban on gender-affirming care to retaliate against Cavanaugh. Slama noted that the ban did not initially have the 33 votes needed to survive.
“But then Machaela Cavanaugh got up and ran her mouth because she was just overjoyed that the national media was here to give her some more attention,” Slama said. “So that gave us 33 votes.”
Cavanaugh responded that it would “cost” conservatives with just days left in the session for lawmakers to pass bills.
“I am going to take all of the time. Every single, solitary minute of it to make sure the speaker has to decide what actually gets scheduled in these last handful of days,” she said.
Conservatives in the one-house, officially nonpartisan Legislature announced early this month that they would amend the trans health bill to squeeze in the abortion restrictions, creating a bill that combines the two most contentious measures of the session.
That unconventional move came after conservatives failed to advance a bill that would have banned abortion once cardiac activity can be detected — which happens around six weeks of pregnancy, before many women know they are pregnant.
Legislative rules state that a bill failing to defeat a filibuster must be tabled for the year. So opponents were surprised when conservatives announced a plan for a 12-week ban. Progressive lawmakers say it was an underhanded way to ramrod through a ban after the issue already failed. Conservatives say the ban is as a compromise.
A supermajority of 33 votes are needed Friday to end debate, after which a simple majority of the Legislature's 49 lawmakers can pass the hybrid bill. Republican Gov. Jim Pillen has said he would sign it into law. Because an emergency clause is attached to the bill, it will take effect immediately.
