Nebraskans Vote To Codify Abortion Ban Into State Constitution

A slim majority of Nebraska voters supported an anti-abortion amendment on Tuesday, beating out the state’s competing abortion rights measure.

Initiative 434 will enshrine the state’s current 12-week abortion ban into the state constitution. The amendment will only allow abortions after the first trimester if the pregnancy is a result of sexual assault or incest, or if there is a “medical emergency,” the measure states.

The anti-abortion initiative passed with a 55% majority, or by about 95,000 votes, according to the Associated Press.

The pro-abortion-rights measure, also known as Initiative 439, sought to codify abortion access until fetal viability, or around 24 weeks, into the state constitution. Initiative 439 lost by about 24,000 votes, with 51% of Nebraskans voting against expanding abortion access, according to the AP.

It’s the first time competing abortion measures have been on a state ballot since the Supreme Court rescinded Roe v. Wade in 2022.

The result is a huge win for anti-abortion advocates in the state. The pro-abortion rights measure faced many Republican attacks, including a legal challenge from a Christian law firm that went all the way to the state Supreme Court. The court handed down the decision that allowed the amendment to stay on the ballot just hours before the deadline to finalize initiatives.

Anti-abortion advocates in the state intentionally crafted Initiative 434 to sound similar to the pro-abortion rights Initiative 439, in what reproductive rights groups say was an effort to confuse voters.

The anti-abortion campaign had gone so far as to trick voters into signing a petition that qualified Initiative 434 for the ballot, Ashlei Spivey, the campaign leader for the pro-abortion rights initiative and a candidate for the state legislature, said on a press call last month.

Backers of the anti-abortion measure would go around asking voters whether they’re pro-choice or pro-life, Spivey said. “Whatever they said, [the canvassers would reply,] ‘Oh, this is the ballot for you,’ and they would sign,” she said.

At least 300 Nebraskans requested the state remove their signatures from the anti-abortion ballot petition.

The measure is expected to go into effect later this month, although not much will change given the amendment simply codifies current law.