American Civil Liberties Union of Nebraska

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ACLU Nebraska Legal Program - Reproductive Freedom

ACLU Nebraska Legal Program - Reproductive Freedom

Click here to read more about ACLU Nebraska's other legal program areas.

A minor has a right to ask a judge for an abortion.  The process is called a "judicial bypass," and it is only granted to young women who can prove to the court that they are emotionally mature enough to make this decision and that there are serious reason why they cannot tell their parents to get parental permission for the abortion.  Nebraska state law explicitly requires every courthouse to put the judicial bypass forms out where they can be easily found, without making an embarrassed teenager have to ask for help from anyone.  ACLU Nebraska surveyed Nebraska courthouses in the summer of 2005 and found only 1 county was obeying the law.  The rest simply did not have the forms on display...making yet another obstacle to young women's ability to exercise their reproductive right to choose.  ACLU intervention resulted in a letter going to every Clerk of the Court across the state, and our survey indicates the law is being followed now.  Top

What information are we giving teens about preventing disease and pregnancy?  In Nebraska, most high school students receive some form of sex education in school.  Unfortunately, it appears many schools are only providing biased, unhelpful information to the teens in their care.  There are some programs that only teach abstinence as the solution, leaving out valuable information about the need to be educated about and protected from disease and unwanted pregnancy by offering information about other birth control methods.  Nationwide studies have shown "abstinence only" programs simply don't work.  In 2005, we began surveying Nebraska high schools to learn what programs are being taught to our state's children. The survey also provided educational information for school superintendents about the failures of "abstinence only" programming. The survey is being done in cooperation with the Pro-Choice Coalition of Nebraska with our partner, Planned Parenthood.  Top

Can an employer give male workers Viagra prescription coverage but deny female workers birth control?  A federal judge says no, it's gender discrimination.  Nationwide employer Union Pacific has its headquarters in Omaha, Nebraska.  Women employees of UP filed a class action lawsuit claiming the company's policy of allowing men expansive health coverage (including Viagra and medication for male pattern baldness) was unfair since the same health coverage excluded any birth control prescription for women.  The company wouldn't even pay for birth control when it was medically necessary for the woman's health!  In July, 2005, the federal court ruled in the women's favor.  ACLU Nebraska joined an amicus curiae brief ("friend of the court brief") urging the court to find in favor of the employees.  In March, 2007 a 3 judge panel of the 8th Circuit reversed the trial court's opinion, finding no gender discrimination.  The case is still open as the women employees seek rehearing from the entire 8th Circuit. Top