NASHVILLE, Tenn. – As Tennessee prepares to become the second US state to ban adult helping minors have an abortion Without parental permission, a Democratic state lawmaker and reproductive rights activist on Monday filed a legal challenge claiming the law is unconstitutional.
The complaint filed in Federal Court occurred on the day second anniversary of the Supreme Court decision overturning Roe v. Wade, the 1973 decision that guaranteed the constitutional right to abortion. The lawsuit was filed on behalf of Democratic Rep. Aftyn Behn and Nashville attorney Rachel Welty.
“Two years ago, I promised to always help and encourage abortion, not to give up despite the overturn of Roe v. Wade, and fight,” Welty, a longtime supporter of abortion access, said in a statement. advocate for other advocates across the state who should not live in fear of civil or criminal penalties for disseminating information about routine health care.”
Earlier this year, the GOP-controlled Tennessee Statehouse signed a bill into law that would make it illegal for an adult who “intentionally recruits, harbors or transports” a pregnant minor within the state to have an abortion without the consent of the child’s parent or guardian. smaller. Those convicted of breaking the law would be charged with a Class A misdemeanor, which carries a sentence of nearly a year in prison.
The law, which takes effect on July 1, contains no exemptions for minors who may have been raped by their parents or guardians. Instead, the statute says that a biological father who raped the minor and caused the pregnancy cannot bring a civil action.
Tennessee law mimics the so-called “ abortion trafficking ”Law enacted in Idaho last year, but a federal judge temporarily blocked that state’s law after reproductive rights groups sued to challenge it.
The lawsuit filed Monday names 11 district attorneys working in Middle Tennessee as defendants, alleging they all ignored Welty’s previous requests to define what behavior would be considered illegal under the new law.
A spokesperson for the attorney general’s office, which represents the state in constitutional litigation, did not immediately return an emailed request for comment.
According to the lawsuit, Welty and Behn argue that the law is “unconstitutionally vague,” pointing out that the word “recruits” is undefined. They also argue that the statute criminalizes certain speech that violates the First Amendment.
“The law was intended to scare Tennesseans from helping each other when they need it most,” Behn and Welty said in a joint statement. “Is not working. We will still be here supporting each other, loving on people who have had abortions, and providing people with important information about their options.”
Notably, as Tennessee lawmakers debated the legislation on the House floor, the bill’s Republican sponsor specifically referenced Behn’s previous public pledge to help any young woman travel out of state if they needed an abortion.
“Unfortunately, there is even a member of this body who recently tweeted, ‘I welcome the opportunity to remove a young man who wants an abortion from the state, even if it lands me in prison,’” said Rep. Jason Zachary. in April, adding “this is what recruiting looks like.”
Zachary and others defended the law as necessary to protect parental rights, pointing to a lawsuit filed earlier this year by Missouri Attorney General Andrew Bailey.
Bailey, a Republican, accused Planned Parenthood of illegally taking minors from Missouri to Kansas to obtain abortions without parental consent. The lawsuit, based on a video from a conservative group that promoted false claims about other issues, asks a state district court to bar Planned Parenthood from engaging in the conduct alleged in the complaint.
Tennessee prohibits abortion at all stages of pregnancy, but there are exemptions in cases of molar pregnancies, ectopic pregnancies, and to eliminate a miscarriage or to save the mother’s life. Notably, doctors must use their “reasonable medical” judgment – a term that some say is too vague and which may be challenged by fellow doctors – to decide whether performing the procedure could save the pregnant patient’s life or prevent serious injury.
A group of women is currently suing to clarify the state’s abortion ban. A court decision It is expected soon whether the process can continue or whether the law can be suspended while the legal battle continues.
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