Nebraska “Justifiable Homicide” Bill Allows ANYONE to Murder an Abortion Provider

Despite South Dakota indefinitely tabling their “justifiable homicide” bill that some thought would open the door on murder attempts on abortion providers, Nebraska has now passed the very same bill through their judiciary committee.

Via the Journal Star:

A bill that would clarify that a mother or another person could use force — even deadly force — to protect an unborn child got a hearing Wednesday in front of the Judiciary Committee.

Sen. Mark Christensen of Imperial, who introduced the bill (LB232), said it was prompted by a Michigan case in which a pregnant woman carrying quadruplets was found guilty of manslaughter for killing her boyfriend after he punched her in the stomach, causing a miscarriage. She was sentenced to five to 20 years as an habitual offender.

A Michigan Appeals Court later overturned the case.

Christensen said he did not want to see a woman in Nebraska go through the trauma of losing a baby, only to be prosecuted and punished for trying to protect it.

Some committee members and testifiers said they were concerned the bill could be used to justify harming or killing an abortion provider.

There were also questions about whether the bill accomplished anything that wasn’t already provided for in current state self-defense laws.

Melissa Grant with Planned Parenthood of the Heartland said the bill could put the organization’s parents, medical personnel, volunteers and staff at risk of potential violence and harm.

“However well intentioned, I also believe this bill would likely have very grave unintended negative consequences,” Grant said.

It could give license to restrain a woman going to a provider for an abortion, she said. It could authorize and protect vigilantes.

Alan Peterson, representing ACLU of Nebraska, said if the drafters of the bill wanted it limited to the pregnant woman defending her unborn baby, they should have written it that way.

“Let’s not pull out the ace of spades, the right to kill, as an answer to these tough problems,” Peterson said. “The choice of violence which we’re talking about here ought to be the very last.”

The groundswell of anger over a bill that states that you can use “protecting the fetus” as a defense in a murder trial doesn’t appear to be dissuading the state from continuing the process of passing the bill.

Even worse, this appears to be another “seed” legislation bill, like the “fetal pain” bill and other anti-abortion legislation, meaning it was written to be farmed out and introduced in multiple states across the country in the hopes that at least one state will pass it.  The Journal notes that Oklahoma and Missouri have copy cat bills as well.

Unlike the other states’ versions, the Nebraska bill does not state that the person who commits homicide has to have a vested relationship in the fetus.  South Dakota’s proposed statute referred to a man or woman who was related to the woman carrying the fetus.  The Nebraska bill simply states:

Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable to protect a third person when:

(a) The actor would be justified under section 28-1409 in using such force to protect himself or herself against the injury he or she believes to be threatened to the person whom he or she seeks to protect;

(b) Under the circumstances as the actor believes them to be, the person whom he or she seeks to protect would be justified in using such protective force; and
(c) The actor believes that his or her intervention is necessary for the protection of such other person.

with the “third person” being defined by the bill as a unborn child at any stage of development in utero.

So, now any person can commit “justifiable homicide” to protect a fetus, even if he or she doesn’t know the woman in question.  Truly terrifying.

TAKE ACTION: Tell Nebraska and Iowa legislators that murdering Abortion Doctors is NOT “justifiable.”

Related Stories: 

Congresswoman Tells Of Her Own Abortion During Title X Debate [Video]

South Dakota No Longer Pushing For Bill That Could Endanger Abortion Providers

Violent Rhetoric Has Consequences: Just Ask Abortion Providers


Photo by: wikimedia commons


Concerned Citizen

People have a right to voice their opinions. Please do not attack others repeatedly, as we all have a right to a voice.

Jessica H.
Jessica Hoback6 years ago

There's a difference between if the mother wants to keep the child and if she doesn't. That woman had a right to kill her boyfriend after he punched her, but no one has the right to kill an abortion doctor.

Norma V.
Norma Villarreal6 years ago

Scary thought....

Stephan B.
Stephan B6 years ago

Why wait for a plaque or meteorite when dogma and rhetoric will do us all in? The more religion closes in around me the likelier I am to get a gun. With absolute certainty, If I want to buy my self a few more years on the planet, I may have to kill another, and it will be a devout ‘somebody’. Then again, God has been, biblically and historically, indiscriminant in his predilection for wiping out anyone who would say to you, ‘verily, I understand you but………….” You be dead in the pregnant pause.

Being unfit to be someone's neighbor, friend, closest confidant, reflection; just about anything about me precludes me to many some ones, even an anyone, somewhere. So little space to take a stand, even when all you want to do is practice your beliefs, with out yapping in from the mountains.

Is it agreed we are right and all wrong? Most games have a checkmate or stalemate; total annihilation is not a necessity. The healing will commence when we all shut up.

Reminds of my brothers favorite tee shirt with the logo ‘the beatings will continue until morale improves’.

Marsha Aronson
Marsha Aronson6 years ago


If you really believe in the 5th Commandment, you should take it MUCH farther than not killing zygotes or fetuses. You should not EVER eat any animal that was killed, whose blood was shed. You should not eat any plant, because it had to be killed for you to have it. You should also not drink any water, since it contains millions of micro-organisms (perhaps similar to zygotes.)

If, on the other hand, you think that the 5th Commandment (not to kill) refers only to people, then get it straight: zygotes and fetuses are NOT people. They might become people if they keep growing inside the womb, but in the meantime, they are NOT people.

By the way, do you ever refer to yourself as pre-dead? Just wondering.

Also - how would you like it if someone in a forum here used it to promote, say, Islam or Zoroastrianism? I think you should save your religion and your religious comments for religious forums only. This is a forum about the real world, not the fantasy world of religion.


June K.
June K6 years ago

Glad to hear that Elia. I would fight just as hard against a law that forces women to have abortions, like China. I think that a law forcing women could set a dangerous precedent giving the state a say in what a woman can do with her body. What would stop the state from later saying that they can then force her to have an abortion due to lack of resources.

Marsha Aronson
Marsha Aronson6 years ago

Yes - life IS a continuum. It starts with an egg and a sperm. If they happen to join up, YOU would then call that clump of cells a human being; a BABY (!!!) Is it really so difficult for you to see the difference between that clump of cells and a BABY? No one who supports abortion supports ending the life of a BABY.

Next thing you know, the Catholic Church will try to influence lawmakers to start charging menstruating women with "failure to conceive."

Yes, life is a continuum. It starts with single cells, but it is not a person until it can survive outside the mother's womb.

Religious doctrine, which says that even a zygote is a BABY, is responsible for all the starvation, the loss (and probable eventual extinction) of all our magnificent wild animal species, territory/resources-dependent wars, religious wars, super-pollution, etc.

The true sin is to produce unwanted, unplanned-for children, as long as even one child is wasting away in an orphanage.

Elia M.
Elia Marques6 years ago

Hi June K.,

Of course that a law that justifies killing others is horrible.

I don't want to force my religious beliefs on others nor judge people. I was just talking about what I believe is right.

Kind regards,


June K.
June K6 years ago

Gabriela that's an interesting question you raise. "So if a pregnant women BELIEVES there's need to protect her unborn child, she can even kill somebody?" I wonder if this became law and vigilante mothers went after some congressmen threatening her child by illuminating their health care, food stamps etc. if they could use this as a defense.

June K.
June K6 years ago


Most people believe that there are abused, starving, unwanted children in the world. They want to help these children and support shelters, nutrition programs and aid. What they don't understand is people who want more children born, but don't want to help those needing help that are already here. I was just discussing with my 10 year old son why his cat can't have kittens. The rescue agency we got it from required that she be spayed for us to rescue her. The rescue agency does not enjoy killing animals, but they do run out of room and when their budget is cut they can run low on food, medications... I don't know why it is considered humane to kill animals, but not humans. I guess we would rather watch them starve and suffer. I don't know why we want to force our own beliefs on other people. I don't know why anyone would want to force someone who was brutally raped to carry the resulting child to term. Oh, you were raped, so now you are stuck with mourning sickness, if there are complications from the pregnancy your health could be affected. You could be cut open if there are complications with the birth. We can't do anything for you in terms of health insurance and hey who knows how much the bill will run. You don't have sick leave, and might loose your job? Just your tough luck. Hey, you lost your college scholarship because your grade point average dropped, due to morning sickness or recovery from a c-section? Just more tough luck...