A federal judge has intervened to block certain laws in Tennessee that criminalize the act of assisting minors in obtaining out-of-state abortions without parental consent. This legislation, referred to as banning “abortion trafficking of minors,” was established by Republican Governor Bill Lee in 2024 with backing from the GOP-controlled Congress. It essentially criminalizes specific behaviors associated with pregnant minors or adults who aren’t their parents or legal guardians.
US Circuit Judge Julia Gibbons, appointed by former President George W. Bush, raised concerns about the “recruitment clause” within the law. This clause addresses how to obtain an abortion outside the state and involves planning trips for minors. In a summary judgment issued on Friday, Gibbons stated, “I find that these provisions infringe upon the First Amendment by prohibiting speech that endorses legal abortions while simultaneously discouraging it.”
Gibbons characterized the law’s approach as discriminatory against perspectives on abortion, emphasizing that such discrimination is seldom acceptable. She decisively blocked provisions aimed at encouraging minors to seek legal abortions elsewhere.
Moreover, Gibbons criticized the recruitment clause for targeting specific messages—suggesting that abortion is generally safe and accessible in certain states—while declaring it presumably unconstitutional. She noted that four judges from the Central District of Tennessee were assigned to hear the associated lower court case after recusing themselves. Should Tennessee choose to appeal, the matter will proceed to the US Court of Appeals for the Sixth Circuit.
The Tennessee Attorney General has already appealed a November ruling from US District Judge Areta Trugger, who temporarily blocked the recruitment clause. This appeal is currently pending in the Sixth Circuit Court.
The case originated from a lawsuit filed by Democrat Aftyn Behn, a licensed social worker, and Rachel Welty, a Nashville attorney and advocate for reproductive rights. Gibbons remarked that the plaintiffs’ attempts to speak about legal abortions, particularly in assisting minors in accessing legal out-of-state abortions, should be protected under the First Amendment.
In the wake of the decision, Welty and Behn’s chief defense counsel praised Gibbons’ ruling as a thoughtful and necessary safeguard for the right of all Tennesseans to share accurate abortion information without the threat of criminal prosecution. They argued that the government shouldn’t wield power to criminalize speech merely based on opposition to certain viewpoints.
However, Gibbons did not uphold every plaintiff claim, particularly concerning the assertion that the law was unduly vague in relation to constitutional legitimate process provisions. She leaned in favor of the state on this point, stating that the law is sufficiently clear regarding prohibited actions. Notably, she did not block some sections of the law that govern the actual transportation of minors out of state to receive abortions or that facilitate support for those seeking abortions.
According to Gibbons, the court authorized a summary judgment regarding the plaintiffs’ free speech claims but maintained that the law’s validity isn’t compromised by ambiguity. The legislation does not apply to minor parents or legal guardians, emergency actions by authorized media, or law enforcement performing their official duties.
Violating this law could result in a Class A misdemeanor, resulting in fines or a potential jail sentence. The law also outlines liability for civil lawsuits regarding an unlawfully terminated pregnancy.
Following the Supreme Court’s overturning of Roe v. Wade, Tennessee enforced a “trigger law,” effectively banning abortions with limited exceptions.
