A federal judge has temporarily blocked a Tennessee law that prohibits adults from aiding minors in obtaining abortions without parental approval. U.S. District Judge Aleta Trauger ruled that the state cannot make it a crime to freely communicate about legal abortion options, even in a state that bans abortion at all stages of pregnancy. The law, which was set to take effect on July 1, will now be placed on hold as the case moves through court. The law was challenged by Democratic state Rep. Aftyn Behn and Nashville attorney Rachel Welty, who argued that it was unconstitutionally vague and imposed First Amendment restrictions.
The Tennessee law, signed by Republican Gov. Bill Lee earlier this year, made it illegal for an adult to intentionally recruit, harbor, or transport a pregnant minor within the state to obtain an abortion without consent from the child’s parents. 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 also prohibits a biological father who raped his daughter from pursuing civil action. The law was modeled after Idaho’s “abortion trafficking” law, which has also been temporarily blocked by a federal judge as the case moves through court.
Judge Trauger’s ruling highlighted concerns about the vagueness of the Tennessee law, specifically pointing out that the word “recruits” is undefined in the legislation. She also raised issues about the potential First Amendment restrictions that the law would impose, noting that freedom of speech is a protection available to everyone for the interconnected benefit of everyone. Behn hailed the ruling as a “monumental victory” for free speech and the fight for abortion access, stating that it safeguards the freedom to discuss abortion care across state lines and ensures that support, accurate information, and advocacy for essential health care services can continue.
Abortion is currently banned in Tennessee at all stages of pregnancy, with exemptions in cases of molar pregnancies, ectopic pregnancies, or to save the life of the mother. Doctors must use their “reasonable medical” judgment in determining whether performing an abortion is necessary to save the life of the mother or prevent major injury. A separate group of women is currently suing to clarify the state’s abortion ban, adding to the ongoing legal challenges surrounding reproductive rights in Tennessee. The law in question was passed by Tennessee’s Republican-controlled Legislature and was challenged in court on the second anniversary of the U.S. Supreme Court’s decision overturning Roe v. Wade, returning the power to regulate abortion back to the states.
In summary, the federal judge’s ruling provides temporary relief for those challenging Tennessee’s law that prohibits adults from helping minors obtain abortions without parental consent. The law, which was set to take effect on July 1, has been placed on hold as the case moves through court. The legal challenge highlights concerns about the vagueness of the law and potential First Amendment restrictions it could impose. The ruling is seen as a significant victory for free speech and the fight for abortion access, with ongoing legal battles surrounding reproductive rights in Tennessee.
