Nebraska mothers sue to restore home-birth freedom

Lincoln, Nebraska; June 24, 2026: Three Nebraska mothers filed federal lawsuits yesterday challenging the state’s ban on certified nurse midwife-assisted home births. Emily Tvrdy and Amanda Musilek allege that the law violates their rights by burdening both their religious exercise and their freedom to choose how and where to give birth. In a separate case, Kate Ternus alleges that the ban violates her Fourteenth Amendment right to make intimate decisions about childbirth free from government interference.

“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. These women deserve the freedom to choose safe, lawful care without unconstitutional burdens.”

Nebraska is the only state that bars certified nurse midwives from attending home births, and midwives who do can face felony charges. For Tvrdy and Musilek, choosing home birth is also an expression of their Christian faith. Ternus, a mother of two, previously gave birth at home with midwife assistance in South Dakota and later had to cross state lines to do so again after moving to Nebraska. All three women are seeking to protect birth freedom for their families and others across the state.

The lawsuits challenge Nebraska’s ban as unconstitutional. A victory would restore home-birth freedom to Nebraska families and reaffirm that the government cannot override intimate family decisions without sufficient justification. Pacific Legal Foundation represents the mothers free of charge. The cases are Emily Tvrdy and Amanda Musilek v. Hilgers and Kate Ternus v. Hilgers.