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Nebraska Abortion Refusal Clause

This law was last updated on Dec 6, 2016


This law is Anti–Choice

State

Nebraska

Number

Neb. Rev. Stat. §§ 28-337 to -341

Status

Current

Topics

Conscience and Refusal Clauses, Religious Freedom

Full Bill Text

nebraskalegislature.gov

Nebraska law allows individuals, hospitals, clinics, institutions, or other facilities to refuse to provide abortion services.

Section 28-337 prohibits any hospital, clinic, institution, or other facility in the state from being required to admit any patient for the purpose of performing an abortion or from being required to allow the performance of an abortion. Such a refusal to provide abortion services may not be a basis for a cause of action.

The clause requires the refusing facility to inform the patient of its policy not to participate in abortion procedures.

Section 28-338 says no person may be required to perform or participate in any abortion, and the refusal of any person to participate in an abortion may not be a basis for civil liability to any person. Such a refusal to participate may not be the basis for any form of employment discrimination.

Section 28-339 makes any violation of Section 28-338 a Class II misdemeanor.

Section 28-340 allows any person that has faced employment discrimination due to their refusal to participate in an abortion to sue in the district court for all consequential damages.

Section 28-341 grants any person that has faced employment discrimination due to their refusal to participate in an abortion the right to injunctive relief, including temporary relief.

The law, enacted in 1977, does not require refusing entities or individuals to provide referrals to patients seeking abortion services.