A lawsuit was filed in Tennessee on Monday to block a law that would prohibit adults from helping minors obtain abortions without parental permission.
A lawsuit filed in federal court by a state Democrat and abortion access activist argues the law is unconstitutional. The Associated Press. The ban goes into effect July 1, making Tennessee the second state in the nation to enact such a law.
The challenge came on the two-year anniversary of the June 24, 2022 Supreme Court decision that overturned Roe v. Wade and gave states the right to enact individual laws regarding abortion access.
The lawsuit was filed on behalf of Democratic state Assemblyman Aftyn Behn and Rachel Welty, a Nashville attorney who has long advocated for abortion access.
Pro-life lawyer who overturned Roe reflects on Dobbs decision ahead of its second anniversary
Rep. Aftin Behn (D-Nashville) speaks about a bill introduced in the House of Representatives on April 15, 2024 in Nashville, Tennessee. (Associated Press)
“Two years ago today, I vowed to always support assisted abortion and to fight even if Roe v. Wade was overturned,” Welty said in a statement. “Now I have the opportunity to stand up for other advocates across our state who should not live in fear of civil or criminal penalties for disseminating routine medical information.”
The Republican-controlled Tennessee Legislature passed a bill earlier this year making it illegal for an adult to knowingly recruit, harbor or transport a pregnant underage girl within the state to perform an abortion without the girl’s parents’ permission.
Those convicted of violating the law will be charged with a Class A misdemeanor that carries a prison sentence of nearly a year. The law does not include an exemption for minors who may have been raped by their parents, but a biological father cannot file a civil lawsuit if he rapes his daughter and impregnates her.
The Tennessee law is similar to an “abortion trafficking” law enacted in Idaho last year, which a federal judge temporarily blocked after abortion access activists filed a lawsuit.
Judge rules federal agencies can’t force Louisiana, Mississippi to provide abortion services
A group of women is suing to clarify Tennessee’s anti-abortion law, and a court decision is expected soon on whether the case can move forward or whether the law can be put on hold while the legal battle continues. (Associated Press)
The lawsuit challenging Tennessee’s law names 11 district attorneys working in Middle Tennessee as defendants, accusing them of ignoring Welty’s previous requests to define what conduct the law considers illegal.
In their lawsuit, Welty and Behn say the law is “unconstitutionally vague” and fails to define the word “recruit.” The lawsuit also argues that the law criminalizes certain speech protected by the First Amendment.
“This law was enacted to make Tennesseans afraid to help each other at a time when they need it most,” Behn and Welty said in a joint statement. “This law isn’t working, and we will continue to support each other, love those who have had an abortion, and provide people with important information about their options.”
As state lawmakers debated the bill on the House floor, Republican Rep. Jason Zachary, the bill’s sponsor, pointed to social media posts in which Behn previously pledged to help young people who travel out of state for an abortion.
The Tennessee Legislature has passed a bill making it illegal for an adult to knowingly recruit, harbor or transport a pregnant minor within the state to obtain an abortion without the permission of the girl’s parents. (Joe Soam/Visions of America/Universal Images Group via Getty Images)
“Unfortunately, some of the group’s members recently tweeted that they would welcome the opportunity to escort young people out of state seeking abortions, even if it meant going to prison,” Zachary said in April, adding that “this is the nature of recruitment.”
Tennessee bans abortions at any stage of pregnancy, except for removal of a hydatidiform mole, an ectopic pregnancy, a miscarriage, or to save the mother’s life.
Click here to get the FOX News app
Doctors must use their “reasonable” medical judgment when deciding whether performing an abortion will save a pregnant woman’s life or prevent serious injury, but critics say this language isn’t clear enough for doctors.
A group of women has sued seeking clarification of the state’s anti-abortion law, and a court decision is expected soon on whether the case can move forward or whether the law can be put on hold while the legal battle continues.
The Associated Press contributed to this report.
