In the majority of cases, Tennesseans cannot receive an abortion in the state. In all cases, minors cannot receive gender-affirming care (that was banned last year).
This year, Republican legislators sought to put restrictions on minors who would travel out of state for such procedures by making it illegal for adults who are not their parents to take them. Two bills that passed the House this week and are on the way to Gov. Bill Lee’s desk for signing use the term “trafficking” in a new light.
As the bill makes its way through the legislature, Democrat Aftyn Behn calls it ‘a harbinger of even worse things to come’
Under SB1971/HB1895, a person can be charged with a class-A misdemeanor, which could result in a nearly one-year prison sentence, if they “recruit, harbor or transport” a minor who is not her or his child to obtain an abortion. It does allow minors to travel out of state with parents or with parental permission.
A federal judge has temporarily blocked a similar law in Idaho from being enforced while a lawsuit challenging its constitutionality is underway, asserting that the law violates the First Amendment right of free expression and the Fourth Amendment right to travel between states.
A slate of Democrats during the House floor session on Tuesday attempted to add amendments to the bill, which were ultimately voted down. Rep. Aftyn Behn (D-Nashville) sought to protect discussions about having access to out-of-state abortion resources “so long as that person is not forcing the minor to obtain an abortion against their will.”
Under that amendment, Behn also sought to protect conversations between patients and managers of abortion funds. When the bill passed the Senate earlier this month, Behn led a demonstration with local abortion fund Abortion Care Tennessee, during which she shared information about out-of-state access. It is unclear if sharing such information will be limited under the soon-to-be law.
Behn added two more amendments to make a point, calling it the “Tennessee Forcing Babies to Have Babies Act” and requiring the state to provide basic needs including access to contraception, housing, healthy food, child care and universal basic income. She ultimately was deemed "out of order" for disparaging Rep. Jason Zachary (R-Knoxville).
“This bill is a direct attack on me, on my family, on my friends, on my network, that supports Tennesseans who are pregnant and vulnerable and minors that need access to care to go across state lines and receive the necessary care," said Behn.
Rep. Jason Zachary (R-Knoxville)
Then she directed a comment at Zachary, the sponsor of the bill.
“Is this a joke?" she asked. "Is this funny to you? Seriously. It’s not funny. Every time you’ve presented this bill you’ve been smug. And I don’t appreciate it.”
Zachary apologized and said House Majority Leader William Lamberth (R-Portland) asked if he wanted a drink of water out of a container he already drank out of, and that is why he laughed.
For the second time this year, Rep. Gloria Johnson (D-Knoxville) sought to add exceptions in cases of rape and incest involving minors under 13 years old, pointing out that parents are not always trusted adults and can be perpetrators of abuse. Rep. John Ray Clemmons (D-Nashville) tried to add exceptions for fatal fetal anomalies, the subject of legislation that was promised but not brought by Sen. Richard Briggs (R-Knoxville) earlier this session. Rep. Harold Love (D-Nashville) sought to clarify that abortions do not include the use of contraceptives and fertility treatment. Rep. Bo Mitchell (D-Nashville) sought to create an exception for survivors of rape and incest.
Bill allowing abortions in the case of rape, incest and medical emergency failed in House subcommittee
Zachary said the bill is about parental rights, and is concerned for the pregnant child as well as the “child that is in utero.”
Zachary, who is publicly anti-abortion, asserted that since Roe v. Wade was overturned and, consequently, Tennessee’s ban on abortion went into effect, “17,000 babies have been saved”
On Wednesday, Rep. Bryan Richey (R-Maryville) brought a bill to the House floor that uses the same terminology as the "abortion trafficking" bill, providing a path for parents to bring civil action against anyone who “recruits, harbors or transports” a minor out of state for gender-affirming health care.
Richey echoed Zachary’s sentiments on parental rights while Rep. Justin Pearson (D-Memphis) asked, “Isn’t kidnapping already a crime?”
“This idea that someone is kidnapping folks’ children for them to get the care that they need if they are transgender or queer is insane and it is not happening,” Pearson said. “I think these penalties send a signal against people who are LGBTQ+.”
Behn took a different approach on Wednesday, asking if Richey considered himself a constitutionalist (he said he "loves the Constitution") and pointing out that the law could be considered counter to the Fourth Amendment protecting interstate commerce. She predicts the legislation will be challenged in court, like the "abortion trafficking" law in Idaho last year.
“Aren’t you all tired of giving money to the ACLU with all of these lawsuits?” she asked.
This article was first published by our sister publication, the Nashville Post.
