Nebraska Initiative 439: Abortion Rights

This ballot measure would enshrine a right to abortion up until fetal viability in the state Constitution, allowing pregnant Nebraskans to again get abortions into the second trimester, as was long legal here.

At a Glance

1-minute overview

What your vote means

If this ballot measure passes, it would enshrine a right to abortion up until fetal viability in the state Constitution, allowing pregnant Nebraskans to again get abortions into the second trimester, as was long legal here. 

The proposed language defines fetal viability as the point when a health care provider determines that a fetus can likely survive outside the womb. After that point of viability, it also includes exceptions for the health and life of the mother.

Passing this would likely negate Nebraska’s current law, passed by the Legislature in 2023, which bans abortions after the 12-week mark. 

It’s supported and largely funded by organizations such as the ACLU, Planned Parenthood and Nebraska Appleseed, as well as smaller donors. Supporters say that medical decisions are personal, and that this effort is narrowly focused. 

It’s opposed by anti-abortion groups, who say it will again increase abortions in Nebraska and could strike related laws, like a requirement that a minor’s parents be notified they’re seeking an abortion.

Vote “For” this ballot measure if you would like to get rid of current restrictions on abortion and want a right to abortion in the state Constitution. Vote “Against” it if you don’t, or prefer the current 12-week ban.