If you visited the Nebraska Capitol Wednesday afternoon, you likely bumped into someone who either supported or opposed the latest effort to restrict abortions in the state.
Hundreds of Nebraskans lined the halls to testify at a Health and Human Services Committee public hearing on LB626, labeled the "Nebraska Heartbeat Act," which would ban most abortions around six weeks past gestation once embryonic cardiac activity can be detected, referred to by supporters as the fetal heartbeat.
Ahead of the hearing, the line of supporters and opponents stretched nearly from one end of the building to another. For most of the hearing, a constant murmur could be heard from the hallway, with the occasional shout or chant breaking through.
Sen. Jen Day of Omaha, an HHS committee member and abortion rights supporter, said more than 2,500 people submitted comments on LB626, with about 62% opposed. Earlier Wednesday at an abortion rights event, Sen. Danielle Conrad of Lincoln said the influx of submitted comments crashed the Legislature's website Tuesday.
People are also reading…
"We see you, we hear you and we thank you," Conrad said.
Sen. Joni Albrecht of Thurston, who introduced LB626, proposed a bill last year that would have banned virtually all abortions in the state. That effort narrowly failed when it came two votes short on a filibuster-ending cloture motion.
The bill this year includes several exceptions the previous bill did not, including exceptions for rape, incest and life-saving procedures. It also clarifies the bill does not apply to ectopic pregnancies, in vitro fertilization and other procedures that lead to the end of a pregnancy.
However, LB626 is still significantly stricter than Nebraska’s current law banning abortions at 20 weeks past fertilization. Albrecht estimated the bill would eliminate 85% of abortions in the state.
Under the new bill, a physician’s medical license could be revoked if they perform an abortion after embryonic cardiac activity is detected. This differs from last year’s proposed ban, which would have made it a criminal offense to perform an abortion. Neither bill would penalize the woman receiving an abortion.
The change led LB626 to be delegated to HHS, as opposed to the Judiciary Committee, where last year's bill went.
Supporting and opposing testimony on the bill was limited to three hours each. That was not enough time to get through all of the supporters and opponents who wanted to testify.
LB626 supporters primarily consisted of parents and anti-abortion advocacy groups, interspersed with some medical practitioners and academics. Supporters commonly referenced embryonic cardiac activity as a heartbeat, and argued it was a "universal sign of life."
"We all have the same beating heart," said Omaha nurse Teresa Kenney.
The term "fetal heartbeat" is controversial. The American College of Obstetricians and Gynecologists said it isn’t accurate to characterize an embryo’s cardiac activity as a heartbeat until the chambers of the heart are developed around 17-20 weeks of gestation.
Supporters commonly argued that abortion was harmful to both children and women. Several shared personal anecdotes about their experiences losing children both during and after a pregnancy, and about the impact of hearing their child's heartbeat during an ultrasound.
Also sprinkled throughout supporting testimony were Bible verses and statistics comparing abortion rates to population numbers and crime rates.
"The American womb is clearly the most dangerous place to live in America," said supporter Seth Brauning.
Opponents of the legislation also included parents and medical practitioners, including representatives of the Nebraska Medical Association, the Nebraska Nurses Association and the American College of Obstetricians and Gynecologists. Several shared their own anecdotes about difficult pregnancies that resulted in an abortion.
Speakers commonly argued that abortion was vital health care, and that women should be free to make the decision to have one or not.
"Women must be the final decision-maker in regards to her reproductive care," said physician Deyanna Boston.
Critics of LB626 have argued that the bill would effectively ban abortions in the state, claiming most women don't realize they are pregnant until after six weeks. Two physicians — one in support of the bill and one against — said the earliest a woman can typically find out she is pregnant is around four weeks past gestation, which would give them two weeks at most to receive a legal abortion under the legislation.
Omaha physician Mary Kinyoun, who opposed LB626, said a majority of pregnant women don't have their first doctor's visit until eight to 10 weeks past gestation, though because of barriers to health care she said it can be as late as 18 weeks for some women.
Another focus of debate was how LB626 would impact medical professionals. Supporters argued that the bill would not harm and even empower medical practitioners, while opponents said the bill's language was too vague and may prevent physicians from performing essential care.
"There are so many shades of gray, and this bill cannot possibly account for everything," said physician Emily Patel.
When pressed on this issue, Albrecht insisted that medical practitioners would not be penalized for using reasonable medical judgment. She said a doctor would be allowed to perform an abortion on a woman in critical condition, even if it didn't necessarily qualify as a life-saving emergency.
The hearing was still underway Wednesday evening at press deadline.
During the abortion rights event before the hearing, Sen. Megan Hunt of Omaha, who led the filibuster that killed last year's bill, praised the energy she felt from the hundreds of attendees. She urged them to continue to show up during the legislative debates on LB626 that will happen if the bill is voted out of committee.
"Today is not the hard day. ... Today is just the beginning," Hunt said.