The Wording

PROPOSED BY INITIATIVE PETITION

Initiative Measure 439

A vote “FOR” will amend the Nebraska Constitution to provide that all persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. Fetal viability is defined as the point in pregnancy when, in the professional judgment of the patient’s treating health care
practitioner, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.

A vote “AGAINST” will not amend the Nebraska Constitution in such manner.

Shall the Nebraska Constitution be amended to include a new section which provides: “All persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. Fetal viability means the point in pregnancy when, in the professional judgment of the patient’s treating health care practitioner, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of  extraordinary medical measures."

(    )   For

(    )   Against

Our Explanation

A vote FOR means— 

• Nebraskans will have a fundamental right to abortion until viability. 

• Abortions may be allowed after viability in the case of incest or rape, or for the health of the woman. 

• The State may not regulate abortion in any way, ensuring complete access. 

• If a threat to the woman’s health exists after viability, any treating health-care practitioner may decide whether an abortion is necessary. 

• When determining if an abortion is allowed after viability, a woman’s health (meaning physical, social, emotional, and financial health) will be considered.

A vote AGAINST means— 

• Current Nebraska law, which allows abortion until 12 weeks except for cases of incest, rape, or medical emergency, will remain in effect. 

• Nebraska may make legal restrictions on abortion, such as waiting periods, parental consent laws, informed consent laws, and safety regulations for abortion facilities, among others. 

• If a medical emergency to the woman exists after 12 weeks of pregnancy, a physician familiar with the pregnant woman’s case will make treatment decisions, including whether an abortion is necessary. 

• When determining whether abortion is allowed after 12 weeks, social, emotional, and financial health will not be considered—only incest, rape, or threats to the physical health of the woman. 
• A fundamental right to abortion in Nebraska will not be created.

NOTE:  #439 (Protect Right to Abortion) is in opposition to #434 (Protect Women and Children).  If both initiatives pass, the one with the most YES votes will amend the Constitution.  If neither measure passes, no change would be made in the Constitution.  

 See more at the BLOG.