A legal challenge was filed in federal court to stop a Tennessee law that would ban adults from helping minors receive an abortion without parental approval. The challenge, filed by a state Democratic lawmaker and an abortion access activist, claims the law is unconstitutional. The ban is set to go into effect on July 1, making Tennessee the second state in the country to enact such a statute. The lawsuit was filed on the second anniversary of the Supreme Court decision that overturned Roe v. Wade, giving states the right to make individual laws on abortion access.
The lawsuit names 11 district attorneys in middle Tennessee as defendants, accusing them of ignoring previous requests to define what behavior would be considered illegal under the law. The statute makes it illegal for an adult to intentionally recruit, harbor, or transport a pregnant minor within the state to have an abortion without parental permission. Anyone convicted of breaking the law would be charged with a Class A misdemeanor, which carries a sentence of nearly one year in jail. The law does not include exemptions for minors who may have been raped by their parents, and a biological father who raped his daughter and caused her pregnancy cannot pursue civil action.
The Tennessee statute is similar to the “abortion trafficking” law enacted in Idaho last year, which a federal judge temporarily blocked after abortion access activists sued. The lawsuit challenging Tennessee’s law argues that the statute is “unconstitutionally vague” as the word “recruits” is not defined. The lawsuit also alleges that the law criminalizes certain speech protected by the First Amendment. The plaintiffs believe the law was created to scare Tennesseans from helping each other and providing information about healthcare options.
State lawmakers who debated the legislation referenced a social media post made by Democratic Rep. Aftyn Behn in which she promised to help any young person travel out of state for an abortion, even if it meant risking jail time. Republican Rep. Jason Zachary referred to this post as an example of recruitment. Tennessee currently bans abortions at all stages of pregnancy except for specific circumstances such as molar pregnancies, ectopic pregnancies, or to save the life of the mother. Critics argue that the language in the law lacks clarity for doctors to make informed medical judgments.
A group of women is suing to clarify the state’s abortion ban, and a court decision is expected soon on whether the lawsuit can move forward or if the law can be placed on hold as the legal battle plays out. The lawsuit challenging the Tennessee law aims to protect access to abortion and prevent individuals from facing civil or criminal penalties for disseminating information about routine healthcare. The lawsuit reflects the ongoing battle over abortion rights following the overturn of Roe v. Wade and the subsequent state laws that have been enacted to restrict access to abortion.
