When Hope Lindstrom found out she was pregnant with her second child, she hoped to have the same birth experience she had with her first—one that was safe, comfortable, and aligned with her values.
She delivered her first child in an Oregon birth center alongside a certified nurse midwife (CNM), where she felt valued as an empowered participant in her own care. As a devout Christian and licensed pastor, Hope believes birth is sacred, and she fears the loss of autonomy and unwanted interventions associated with hospital birth settings.
Before Hope’s second pregnancy, her family relocated from Oregon to Nebraska. When making arrangements for her April 22 due date, Hope learned that her right to birth freedom was no longer protected: Nebraska offers no birth centers and prohibits CNMs at home births. Midwives who fail to comply with this prohibition face a felony charge.
Home birth in Nebraska is still legal, as it is in all 50 states. Giving birth unassisted, though lawful, is not without risk. Yet Nebraska intervenes only when a certified nurse midwife—among the most highly trained childbirth providers—is present, banning the very assistance that promotes safety.
For much of American history, childbirth took place at home under the care of midwives. While hospitals have become more prevalent, birth centers have been shown to lower costs and improve health outcomes for low-risk pregnancies in the modern era, as well as address declining rural maternity care across the country.
But whatever its potential benefits, the choice to pursue midwife care belongs to families, not the state of Nebraska. Courts have time and again protected the right of individuals to make intimate decisions free from governmental intrusion.
To have the home birth she wants for herself and her baby, Hope had to act fast. With the help of PLF, she filed a lawsuit alleging that Nebraska’s statute violates the Fourteenth Amendment, which requires that when the government interferes with a fundamental right, it must show a truly compelling reason, and it can’t go any further than absolutely necessary.
Her complaint argues that long-standing, deeply rooted practices—like midwife-assisted home birth—are still entitled to constitutional protection.
She also will file a petition for emergency relief so she can plan for a midwife-assisted birth while the court considers her case.
“I’m kind of still angry that in my most vulnerable state, I’m still going to have to be fierce in advocating for myself and for my new infant,” Hope says.
By denying families the freedom to choose how and where to give birth, Nebraska’s law undermines personal freedom and disproportionately harms rural families with few alternatives. In practice, it places hospital interests above those of mothers and children.
Represented at no cost by Pacific Legal Foundation, Hope is fighting for her right to give birth in a manner consistent with her personal and religious values—and to return birth decisions to where they belong: with mothers.
What’s At Stake?
- A law that denies mothers the right to birth freedom is immoral and unconstitutional. The government cannot violate a fundamental right that is deeply rooted in the nation’s history and tradition without a compelling state interest.
