The Associated Press

OMAHA -- The majority of Nebraska lawmakers who responded to an Associated Press pre-session survey say they would support a measure to ban abortion in the state.

The question asks whether the state should prohibit all abortions except to save the life of the mother or in cases where the conception was the result of incest or rape.

In response to the annual AP survey, 23 Nebraska state senators said they would back such a ban. That’s despite the precedence of Roe vs. Wade, the landmark 1973 U.S. Supreme Court decision that established a woman’s right to have an abortion.

“Direct abortion is the purposeful taking of innocent human life, and unintended consequences are psychological, emotional and spiritual harm to the mother,” Sen. Tony Fulton of Lincoln wrote in response to the question.

“There are also far-reaching physical consequences suffered by the unsuspecting mother,” Fulton said. “If the courts overturn Roe, Nebraska should follow suit and redouble our efforts to help desperate mothers who may be in situations contemplating abortion.”

The “if” in Fulton’s statement is telling. Nebraska lawmakers no doubt remember all too well the state’s last attempt to limit abortion.

In 2000, the U.S. Supreme Court struck down Nebraska’s ban on so-called partial-birth abortion. Lawmakers have since been hesitant to push a ban that might not pass judicial scrutiny.

“The restrictions described in this question cannot legally be instituted in Nebraska, as they would conflict with existing precedent of the United States Supreme Court,” said Sen. Danielle Nantkes of Lincoln, who marked “unsure” on the abortion survey question. “I support commonsense policies that are proven to reduce the number of abortions in our state, like comprehensive, age-appropriate sex education and access to family planning services.”

Sen. Kathy Campbell of Lincoln noted that “Roe vs. Wade governs this issue.”

Other lawmakers, however, indicated they would support a ban regardless of the precedent.

“The state should prohibit all abortions, period,” wrote Sen. Cap Dierks of Ewing.

Only four state senators marked that they would not support an abortion ban, while three indicated they were unsure whether they would support such a ban. Nine lawmakers declined to participate in the survey.

The 2009 legislative session begins Jan. 7.

Survey question

Nebraska state senators and senators-elect were asked the following question:

Should the state prohibit all abortions except to save the life of the mother or in cases where the conception was the result of incest or rape?

Yes: 23 (Adams, Carlson, Coash, Cornett, Flood, Fulton, Gay, Gloor, Hadley, Hansen, Harms, Heidemann, Janssen, Karpisek, Langemeier, McCoy, Nelson, Pankonin, Pirsch, Schilz, Stuthman, Utter, Wightman)

No: 4 (Avery, Cook, Haar, Howard)

Unsure: 3 (Louden, Nantkes, Rogert)

Other: 7 (Ashford, Campbell, Christensen, Dierks, Fischer, Friend, Price)

Skipped the question: 3 (McGill, Lautenbaugh, Pahls)

Not participating: 9 (Council, Dubas, Giese, Lathrop, Mello, Nordquist, Sullivan, Wallman, White)