2024 Nebraska Initiative 439

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.

A November 2022 Hart Research poll found that 59% of Nebraskans opposed further abortion restrictions, with 48% strongly opposed, while only 36% supported additional bans, revealing increased support for abortion rights across both rural and urban areas and all congressional districts compared to earlier polling.

[7] In response to this new restriction, citizens began a petition to place a constitutional amendment on the 2024 ballot that would protect abortion rights in Nebraska.

The proposed amendment would add the following text to Article I of the Nebraska Constitution: 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.Despite losing the state, "Yes" won 2 of 3 congressional districts, both of which elected Republicans.