Nebraska Will Consider Unborn 
Victims and Other Pro-Life Bills

December 31, 2001—Lincoln, NE: The deaths of Vickie Soto and her baby, Jackielee, have given new faces to a legislative bill, an unborn victims of violence bill that will be debated during the 2002 session.

When Soto, 8 1/2 months pregnant, was killed in her North Platte home early this month, her unborn child also died. But prosecutors can take no legal action against the man suspected of killing Soto for the death of her unborn child.

Lincoln Sen. Mike Foley's LB824 would allow prosecutors to seek a homicide charge for deaths such as Jackielee's.

However, abortion advocates refuse to support such common sense laws.

"We recognize the trauma and loss when a wanted pregnancy is lost, particularly when it is the result of a criminal act. And laws should address such crimes," claims Christine Funk, executive director of Planned Parenthood of Lincoln. However, her organization opposes the bill because it will grant protection to unborn children throughout pregnancy.

Planned Parenthood prefers a lesser alternative that simply adds an extra sentence of attacking the mother when a viable unborn child is killed. However, pro-life advocates point out that this amounts to nothing more than pregnancy discrimination whereby women further along in pregnancy are protected while those early in their term are not.

In addition to the unborn victims bill, a bill banning the use of fetal tissue from an elective abortion in research is expected to surface during the first half of the legislative session, which opens Jan. 9.

The two bills, introduced in the 2001 session, have priority status heading into the new session. Both bills, supported by pro-life Gov. Mike Johanns, have the backing of a majority of senators, but a vocal minority could slow passage through a filibuster.

LB462, which would ban the use of fetal tissue from elective abortions in research at the University of Nebraska Medical Center in Omaha, was stymied by the Legislature's filibuster rules in the 2001 session. For 2002, supporters haven't yet rounded up enough consistent votes to stop an eight-hour filibuster.

LB824 was never debated by the full Legislature this year, in part because it was made a priority bill late in the session. But the issue also was contentious and likely headed for a time-consuming filibuster.

Foley sees no reason the bill shouldn't pass in 2002, even if it has to survive three eight-hour filibusters. It "reflects the mainstream view of most Nebraskans," said Foley. "It is outside of the context of abortion and there is really no reason we can't give some protection to the unborn against criminal acts against the mother of the child."

"This is a solid bill," said Dave Bydalek, interim executive director of Family First, noting that similar laws in other states have passed court reviews.

The fetal research bill was debated over several days in the last session, then postponed until the 2002 session because supporters could not round up 33 votes to stop a filibuster. It appears headed for deadlock again.

"I think it will be very close," said the bill's sponsor, Sen. Dwite Pedersen of Elkhorn, when asked whether he has the 33 votes to end a potential filibuster.

Opponents also say the research ban legislation is a close call. "I will say I anticipate it will be an early and extensive debate, and we should know within three weeks or four weeks whether the issue is going to pass this year," said Sen. David Landis of Lincoln, who believes NU should be allowed to continue the research using fetal tissue from elective abortions.

Supporters of the proposed ban generally reduce their opposition to one man, Sen. Ernie Chambers of Omaha, and his ability to carry on a protracted filibuster. But a number of senators earlier joined in the debate, which pits the pro-life view that innocent babies are used for research against the university view favoring the grizzly research.

"It will be an extensive debate from a number of corners," said Landis.

Supporters of the proposed research ban are so frustrated with the filibuster tactics that they are considering an initiative petition to change the legislative rules governing filibusters and what they view as Chambers' use of them to block passage of any pro-life social issues.

Nebraska Right To Life would like to make changes in the parental notification law and address regulations of abortion facilities, but is blocked by Chambers' filibusters, said Julie Schmit-Albin, executive director of Nebraska Right to Life.

"We have more than 25 votes for the two bills - fetal tissue research and fetal homicide. But because Sen. Chambers wants to battle on those, we are held to a higher standard," the 33 votes needed to end a filibuster, she said.

Nebraska Right to Life is looking for feedback from 25,000 pro-life grass-roots supporters on whether they would help carry out an initiative petition to change the state constitution to limit the use of a filibuster.

An initiative petition may be necessary, she said, because "there is plenty of pro-life legislation that can and should be passed."

For more information, contact: 
Nebraska Right to Life
3341 Pioneers Blvd., Suite 4
Lincoln, NE 68506
(402) 489-4802