By Dennis Kellogg
Director of Communications

Catholic conference: It is time state law reflects the desire of Nebraskans to protect babies with a beating heart and to serve mothers in need

A Nebraska state senator has introduced two bills focused on pro-life issues as the Nebraska State Legislature begins its 2023 session.
State Senator Joni Albrecht is introducing the Nebraska Heartbeat Act and the Nebraska Pregnancy Help Act.

Albrecht of Thurston made the announcement at a news conference with reporters Jan. 11 in the rotunda of the State Capitol building. In introducing the legislation, Albrecht said the bills are about protecting our most vulnerable citizens, unborn children, and supporting mothers.

“The State of Nebraska is best served when every life counts, and when every life born and unborn is valued and cherished,” Albrecht said, surrounded by nearly 30 state senators supporting her legislation. “Let’s start here in a place where we should all be able to agree. Women deserve support and babies with beating hearts should be protected.”

The Nebraska Heartbeat Act would require a physician to perform an ultrasound on a pregnant mother to listen for a fetal heartbeat. If the baby’s heartbeat is detected, performing an abortion would be unlawful, except in cases of rape or incest, or to save the life of the mother.

“The Nebraska Heartbeat Act makes undeniably clear that doctors have no reason to think twice about providing medical care to women who need it,” Albrecht said. “The bill clearly provides that treatment for the ectopic pregnancy and the care after miscarriage remains unaffected. It also clearly provides that access to IVF (in vitro fertilization) will remain unaffected as well.”

Dr. Robert Plambeck, an OBGYN in Lincoln speaking at the news conference, said there is no question, biologically or medically, that the mother and preborn child are two separate human beings with their own heartbeats, genetic makeups and medical needs. He said this legislation would not prevent him from treating both of them.

“I have treated and cared for thousands of pregnant women and their babies, including complicated and sometimes severe life-threatening health situations,” Dr. Plambeck said. “I believe this bill will not interfere with my ability or any other physician’s ability to properly provide care for a woman or her unborn child.”

Current Nebraska law bans abortions after 20 weeks. This bill would focus not on gestation, but on the heartbeat of a preborn baby, which is usually detected about six weeks into a pregnancy.

“Starting in the sixth week of gestation, the heart starts beating,” said Dr. Katrina Furth, a developmental biologist who works for the Charlotte Lozier Institute in Arlington, Va., and who also spoke at the news conference in Lincoln. “Peer-reviewed science calls this a heartbeat. Embryology textbooks call this a heartbeat. And the people of Nebraska call this a heartbeat. That heartbeat will not stop until that person has died. The fetal heart is essential for moving oxygen and nutrients around the developing child. And that heartbeat will have that hurdle of beating 54 million times before the child is even born.”

Albrecht cited research conducted by WPA Intelligence on behalf of the Susan B. Anthony Pro-Life America organization to support the legislation. Their survey found 58 percent of Nebraska registered voters support protecting unborn children who have a beating heart. Those results included support from “nearly two-thirds of independents, over half of young women, and nearly half of Democrats.”

The survey also showed nearly two-thirds of voters prefer legislation limiting abortion after a heartbeat is detected with exceptions for rape, incest, or to save the mother’s life over allowing abortion without any restrictions. Only 21 percent of those surveyed support abortions without restrictions.

“We listened to Nebraskans,” Albrecht said. “And it’s very evident that a total ban (on abortions) was not appropriate at this time. It’s very difficult for me to have accepted, but that’s what it is. And that’s what we’re going to carry and support.”

Last spring, a so-called “trigger bill” that would have banned abortions in Nebraska once Roe v. Wade was overturned failed to pass in the Legislature. The U.S. Supreme Court did overturn Roe last summer. Albrecht said she considered the hurdles to be overcome in putting together this bill she believes can pass the Legislature.

“To save the life of 85 percent of the babies today would be a huge step in the right direction,” she said.

Albrecht said doctors who violate the act would have their medical license subject to discipline, but would not face criminal or civil penalties. She said no woman who “obtains or attempts to obtain an abortion will be held liable in any way under this bill.”

Albrecht said she believes she has the 33 votes necessary to overcome a potential filibuster and pass the Nebraska Heartbeat Act.

Albrecht is also introducing the Nebraska Pregnancy Help Act, which would establish a new tax credit to incentivize private donations to more than 20 pregnancy help organizations in Nebraska. Albrecht said the bill will allow up to $10 million in tax credits per year. She said the private donations would go to organizations “providing food, housing, transportation, baby supplies, job training and more. All free of charge.”

The bill “will be a powerful tool to allow these organizations to expand their vital services, support and relationships they offer to pregnant women, something no mere government program can do,” Albrecht said. “We care about these women. We always have. The Nebraska Pregnancy Help Act will help us do more.”

Toni Clarke, the executive director of the Assure Women’s Center, serving the greater Omaha area, said organizations like hers provide pregnancy services for women in need, confirming if they are pregnant, providing information and helping them deal with any fears and anxieties they may have. She said they also provide material support.

“We are there to provide the items that a baby needs,” Clarke said. “We provide baby shots for those who need it. We help find housing, and sometimes even cars. We also equip moms and dads to be better parents through our parenting classes. We want them to break the cycle of poverty and (we) provide financial literacy courses. The list of services we provide is quite extensive. Pregnancy help organizations help families. Every woman and child does indeed deserve love and support. That is what pregnancy help organizations do.”

The Nebraska Family Alliance, Nebraska Right to Life and the Nebraska Catholic Conference are all supporting the pro-life bills introduced by Albrecht.

“A heartbeat is a universal sign of life. Sen. Albrecht’s life-saving Nebraska Heartbeat Act would protect at least 2,000 preborn babies and their parents from abortion each year,” said Marion Miner, associate director of pro-life and family policy of the Nebraska Catholic Conference. “In addition, the Nebraska Pregnancy Act will expand access to supportive services for abortion-vulnerable families through the charitable giving of our fellow Nebraskans. We envision a Nebraska where every life is celebrated, valued, and protected. It is time that state law reflects the desire of Nebraskans to protect babies with a beating heart and to serve mothers in need.”

Watch the entire news conference featuring State Senator Joni Albrecht and other speakers on this pro-life legislation on our YouTube channel. Search for Catholic Diocese of Lincoln on YouTube and then subscribe to our channel for more videos from the diocese.