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Legislature takes steps to ensure decorum during Friday’s debate on abortion/trans health care

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Legislature takes steps to ensure decorum during Friday’s debate on abortion/trans health care

May 19, 2023 | 12:15 pm ET
By Paul Hammel
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Legislature takes steps to ensure decorum during today’s debate on abortion/trans health care
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Protesters erupted in chants from the Nebraska Legislature's gallery after lawmakers gained a necessary 33 votes to advance LB 574 on Tuesday, May 16, 2023, in Lincoln, Neb. Lt. Gov. Joe Kelly, the president of the Legislature, ordered the galleries cleared as a result. (Zach Wendling/Nebraska Examiner)

LINCOLN — Nebraska Legislature leaders issued a plea Friday for decorum during the expected emotional debate in the afternoon over abortion and transgender health care for minors.

State Sen. John Arch, the Speaker of the Legislature, and three others senators issued a memo Friday morning to fellow senators and legislative staff laying out “ways to ensure robust protections for free expression and safety …”

Legislature takes steps to ensure decorum during Friday’s debate on abortion/trans health care
Speaker of the Legislature State Sen. John Arch of La Vista (Courtesy of Unicameral Information Office)

“Senators should consider utilizing their social media platforms and other means of communication to lead by example and help foster an environment of robust debate, peaceful expression and safety for all stakeholders,” Arch said.

Later Friday morning, a press release signed by 37 of the 49 state senators urged spectators to state their views in a “safe and productive manner….”

It said that “audible outbursts” in the balcony and directly outside the glass doors to the legislative chamber will not be permitted.

Omaha Sen. Machaela Cavanaugh, who has led the session-long protest against Legislative Bill 574, said she declined to sign the press release.

“We have no place telling people how to use their voice,” she said.

Gallery cleared Tuesday

Legislature takes steps to ensure decorum during Friday’s debate on abortion/trans health care
State Sen. Machaela Cavanaugh of Omaha began a series of filibusters on Feb. 23 in protest of bills restricting abortion and gender-affirming care. She vowed to “burn the session to the ground” but also to stop the filibuster if LB 574 failed. (Zach Wendling/Nebraska Examiner)

On Tuesday, protesters opposed to LB 574 filled the Capitol Rotunda and chanted throughout the four-hour debate, which culminated in amending a proposed 12-week abortion ban into the contentious measure that bans certain gender-affirming treatment for minors.

At one point, the gallery — in the balcony above the legislative chamber — was ordered cleared after some shouts were heard. There was one report of an altercation between one protester and one LB 574 supporter, but no tickets were issued.

After the debate, most state lawmakers and staff exited through a back door of the chamber, a move they described as avoiding a potential confrontation with protesters and one LB 574 critics described as cowardice.

Hard feelings, and harsh comments, have punctuated floor debate in the Legislature since Tuesday.

The Friday memo said the presiding officer of the Legislature will make periodic announcements to ensure decorum in the gallery. If individuals misbehave, they will be removed, the memo stated, or, if necessary, the entire gallery will be cleared.

Photographs discouraged

“Additionally, we are strongly discouraging the photographing or recording of each other or members of the public during debate,” the memo continued.

Nineteen states have passed bans on gender-affirming care for minors, according to the Human Rights Campaign, and eight other states — including Nebraska — are considering bans.

Lawsuits are expected if LB 574, as is anticipated, passes and is signed into law by Gov. Jim Pillen.

Critics say such bans override parental rights and advice from physicians, will lead to increased harassment of trans youth and will hurt economic development by discouraging companies and workers from locating in the state.

The Greater Omaha Chamber of Commerce is among the business groups urging a vote against LB 574, saying it will hurt convention business and hiring of employees.

Advocates say that minors should not be allowed to undergo such treatments that can be life-altering until they are older.

The Nebraska Catholic Conference and Nebraska Right to Life are among groups supporting the bill.