Dangerous pro-abortion ballot measure would drastically change Nebraska, attorney says

On Nov. 6 many Nebraskans could be left wondering what happened to their state.

If a pro-abortion measure, Ballot Initiative 439, becomes law, abortion without limits would become the law of the land, said Matt Heffron, an Omaha attorney with the Thomas More Society, who challenged the pro-abortion measure before the Nebraska Supreme Court.

“It’s heartbreaking to think that Nebraska – a very longtime pro-life state with lots of good, popularly enacted legislation – could be a wide-open abortion state, until birth with no restrictions,” said Heffron, senior counsel at the Thomas More Society, a national nonprofit, public interest law firm. “The only way that that can be done is by confusing the electorate, and this initiative (439) has set out to do that.”

Heffron, along with attorney Michael McHale, also of Omaha and a senior counsel with the nonprofit law firm, represented Omahan Carolyn LaGreca in challenging the pro-abortion ballot initiative.

They argued that Initiative 439 violates the State Constitution’s single-subject rule for ballot initiatives, making a voter choose between parts of the initiative that they might support, such as abortion until a baby in the womb is viable, and parts they might not approve of, like eliminating common-sense health protections and consent requirements.

Though the Nebraska Supreme Court decided against LaGreca’s case and allowed the pro-abortion measure to stay on the ballot, the attorneys continue to try to educate people about the dangers of 439.

Polling has indicated that support for 439 and a competing measure, Ballot Initiative 434, has been nearly equal.

Initiative 434, though not perfect, would keep current protections for women and babies in place while allowing the Legislature to add further protections.

The tight race for votes means prayer and action are desperately needed, Heffron said in a recent interview.

“Everyone needs to get out and vote against 439” and for 434, he said, to save lives in Nebraska.

The Thomas More Society has called Initiative 439 a “Trojan horse” which would expand abortion throughout pregnancy for nearly any reason, preventing any regulation by the state and allowing people who are not doctors to determine when an abortion can be performed.

Nebraska’s three Catholic bishops support 434. Though imperfect, it establishes a constitutional right to life for children in the womb during the second and third trimesters of pregnancy.

That’s an upgrade from current law because 434 provides the added constitutional protection, said Heffron, a member of Mary Our Queen Parish in Omaha.

Matt Heffron
SUSAN SZALEWSKI/STAFF

The Legislature still would be “free to restrict or eliminate all abortions,” just as it can now, he said. Heffron also stressed that 434 does not create a constitutional right to abortion in the first trimester or for any exceptions.

The measure “should not be evaluated in a vacuum, as if we’re only voting for 434,” he said. “One of the main reasons for it … is to get the votes of those people who want a little bit of abortion but not have them vote for 439. So it’s not in a vacuum, it’s to draw votes away from 439.”

Giving voters that second option is crucial because if both 439 and 434 pass, the one with more votes will win.

“If people don’t vote for 434,” Heffron said, “it could possibly make 439 the law of the land, unrestricted abortion.”

“That’s why I think it’s important to get the word out, 434 needs to be voted ‘for.’ That’s exactly where the Nebraska bishops are coming from. It’s not perfect. I mean, we’d like to wipe out all exceptions, but … it’s a step up from current Nebraska law” and would avoid “the catastrophe of having unlimited abortion in Nebraska.”

Heffron said he knows there’s still a lot of work to be done, educating voters and encouraging them to vote for 434 and against 439. But he’s hopeful.

“We’ve made progress,” he said, “and I think we’ll continue to make progress.”

“Not only do we need to work as if everything is dependent on us, but we need to pray knowing that everything depends on God.”

The abortion issue is “particularly serious” for Nebraska, “and there’s got to be a call to prayer.”

The Nebraska Catholic Conference has recommended praying and fasting to defeat the pro-abortion ballot initiative and offers a downloadable prayer card.

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