A small but vocal minority of advocates have recently increased their engagement against both Initiatives 434 and 439. They are urging pro-lifers to “Vote No on Both.” Their efforts to oppose and undermine Initiative 434 are misplaced and could do serious damage to Initiative 434’s ability to defeat Initiative 439, leaving us with unsafe and unregulated late-pregnancy abortions well into the second and third term of a pregnancy.
The “Vote No on Both” advocates advance several flawed arguments. I want to focus on three core arguments. For those who have been confused by their arguments, I hope my review and response provides you clarity and reassurance that we—as Catholics—can wholly support Initiative 434.
For those who have been wondering if they should oppose Initiative 434, I hope this review and response helps you see the errors of the “Vote No on Both” rhetoric. For those who already subscribe to the “Vote No on Both” position, I pray you’ll reconsider.
“Vote No” Claim #1: This claim proposes that the state constitution already protects the unborn, as it states in Art. I, Sec. 3: “No person shall be deprived of life, liberty, or property, without due process of law, nor be denied equal protection of the laws.
Response #1: If the state constitution already provided clear protection for the unborn, then abortion would already be prohibited and all babies and women would be protected from the abortion industry. But that’s just simply not the state of the law.
Art. I, Sec. 3, has never been interpreted by Nebraska’s courts to include the unborn. I am also aware of no legal challenge that would attempt to ask the court to make such an interpretation. And, even if such a challenge existed or was in the works, it is almost certain that the court would not accept such an interpretation. Similar failed attempts have been made of the federal constitution.
The “Vote No on Both” argument rests on an implied protection that is yet to be determined, discovered, and pronounced by Nebraska courts. This argument is, at best, theoretical. At worst, this argument confuses people of good faith who want to make life-saving decisions about our constitution.
“Vote No” Claim #2: This claim asserts that Initiative 439 won’t pass, so we don’t need to support Initiative 434.
Response #2: Initiative 439 is likely to get over 50% supporting votes. Why do I say this?
First, we’ve already seen nearly identical proposals in other states (Michigan and Ohio) receive 57% support among the general public.
Second, pro-abortion special interest groups who launched Initiative 439 are shrewd political strategists. They would not have launched a multi-million dollar initiative unless they had clear polling showing over 50% of favorability among the general public.
Third, Protect Women & Children, which is the group that launched Initiative 434, publicly released a poll back in the spring showing that the abortion measure (Initiative 439) had 54% support among the general public.
These facts should not mean we get discouraged and ignore Initiative 439. We still must vote AGAINST 439. But we ignore these facts at our own peril—or, more clearly, at the peril of the lives of women and babies.
The only way to defeat Initiative 439 if it gets over 50% of the vote is if Initiative 434 also has 50% support and also has more total “FOR” votes in favor than Initiative 439. If Initiative 434 fails to hit 50% or get enough “FOR” votes, the law of the land in Nebraska will be a limitless and dangerous right to abortion in our state constitution.
“Vote No” Claim #3: This claim asserts that Initiative 434 creates a right to abortion, or at least allows abortion in the first trimester; and the only way to provide further protection in the future will be another constitutional amendment.
Response #3: Initiative 434 does not create a right to abortion at any point. The language is simple. It provides protections from abortion for women and babies in the second and third trimester. It also allows the Nebraska legislature to provide protections from unsafe and coercive abortion practices in the first trimester. We will not have to wait and pass another constitutional amendment to provide protection against the abortion industry. This was the consensus of countless pro-life attorneys the Nebraska Catholic Conference consulted about the language.
It’s critical to recognize that the current language of our state constitution provides zero protections from abortion for women and babies. It leaves the issue totally up to the Nebraska Legislature. At the very least, Initiative 434 provides some basic constitutional protection from abortion. This is important protection now against Initiative 439 and any future, rogue Nebraska Legislature that would try to repeal our pro-life laws.
Conclusion. While we are united in our opposition to Initiative 439, opposition by “Vote No to Both” advocates to Initiative 434 risks putting Nebraska in a situation where we are left with the extreme abortion right in Initiative 439.
When you vote early or on Election Day, please vote FOR Initiative 434 and AGAINST 439… and don’t forget to uphold education scholarship funding for kids in need by voting RETAIN on Referendum 435.
