# Nebraska mothers sue state over ban on midwife-assisted home births  
**Published:** 2026-06-30T15:00:15.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/30/three-nebraska-mothers-challenge-states-restrictions-on-midwife-assisted-home-births/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/nebraska-mothers-sue-state-over-ban-on-midwife-assisted-home-births

LINCOLN, Neb. — Three Nebraska mothers have filed federal lawsuits challenging the state's ban on midwife-assisted home births, according to reporting from the [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/30/three-nebraska-mothers-challenge-states-restrictions-on-midwife-assisted-home-births/).

Emily Tvrdy and Amanda Musilek argue that the law violates their religious rights and their freedom to choose how and where to give birth. In a separate case, Kate Ternus contends the ban violates her Fourteenth Amendment right to make intimate decisions about childbirth free from government interference. The mothers are represented by [Pacific Legal Foundation](https://pacificlegal.org/), a national nonprofit law firm defending individual liberties.

Nebraska is the only state in the nation where it is illegal for certified nurse midwives (CNMs) to assist in home births. Violation of the ban can result in felony charges. Meanwhile, unlicensed birth attendants face no restrictions, according to the lawsuit claims.

Ternus previously gave birth to her first child in South Dakota with assistance from a certified nurse midwife, an experience she described as positive. After moving to Nebraska, she planned to have a similar birth with her second child but instead drove 90 minutes back to South Dakota to deliver because of the state's restrictions.

Tvrdy is a labor-and-delivery nurse in rural Nebraska who has given birth to four children both in hospitals and at home. Expecting her fifth child, she chose to challenge the ban based on her varying experiences with different birthing settings.

"Nebraska is denying mothers a fundamental freedom the Constitution protects," said Joshua Polk, an attorney with Pacific Legal Foundation. "The government cannot override deeply personal decisions about childbirth without a compelling reason."

The lawsuits come following failed legislative efforts to ease Nebraska's restrictions. State Sen. Ben Hansen of Blair attempted multiple times to expand midwife options during his final two years in the Legislature, including [introducing legislation to establish licensure for certified professional midwives](https://nebraskaexaminer.com/2026/06/30/49-states-allow-nurse-midwives-to-deliver-your-baby-inside-your-home-not-nebraska/). Those bills did not advance, partly due to opposition from the Nebraska Medical Association and other medical groups.

The NMA expressed concern that certified professional midwives lack adequate training to identify and respond to complications requiring immediate medical intervention. However, NMA President Robert Wergin said the organization has been working with certified nurse midwives on a proposal to authorize them to assist in out-of-hospital births for low-risk pregnancies, which would represent a more limited expansion than what Hansen proposed.

The federal lawsuits represent the latest in a series of legal challenges to Nebraska's midwifery restrictions, following earlier cases brought by certified nurse midwife Heather Swanson and mother Hope Lindstrom, who reached a settlement allowing her to have a certified nurse midwife assist with her home birth in April 2026.

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/30/three-nebraska-mothers-challenge-states-restrictions-on-midwife-assisted-home-births/)
- [Pacific Legal Foundation home page](https://pacificlegal.org/)
- [Nebraska Examiner: 49 states allow nurse midwives to deliver your baby inside your home. Not Nebraska.](https://nebraskaexaminer.com/2026/06/30/49-states-allow-nurse-midwives-to-deliver-your-baby-inside-your-home-not-nebraska/)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 3 web searches. The original source is available at https://nebraskaexaminer.com/2026/06/30/three-nebraska-mothers-challenge-states-restrictions-on-midwife-assisted-home-births/.