Civic Issues Blog

Gender/Sexuality/Rights 2 – Abortion – “Tennessee AG weighs in on how far abortion restrictions can go”

On November 1st, Amendment 1 passed in Tennessee. This amendment paved the way for more abortion-related restrictions that any lawmaker has been able to enact in nearly 15 years. Voters even approved the addition of new language to the state constitution that would explicitly eliminate the right to an abortion.

Since November, legislators have not hesitated to introduce a plethora of bills furthering the regulation of abortions. But how far can those legislators go without betraying the U.S. Constitution? Tenessee Attorney General Herbert Slatery III has written a 5-page legal analysis detailing just that. Already, Republican State Representative Rick Womick said Tuesday that he is working on a bill that require abortion providers to perform ultrasounds, describe to a woman what is shown in the ultrasounds and turn up the volume so she can listen to the fetal heartbeat if one exists. However, his newer version will require abortion providers to offer the choice to a woman on whether she would opt to do so or not, an effort he hopes will survive a legal challenge. State Senator Mae Beavers, another Republican, has proposed a measure to reinstate a required medical counseling law previously struck down by the state’s Supreme Court. Senator Mark Green, also Republican, introduced a bill that would require medical and surgical abortion care to be performed in a “licensed ambulatory surgical treatment center.” Other representatives have voiced support behind a bill to require a 48-hour mandatory waiting period before any abortionary procedure.

But getting all of these new bills and proposals through congress will still not be easy. Even with the Tennessee Constitution more flexible than ever, Slatery has reminded the state that any new law has to meet standards established by the U.S. Supreme Court that it does not impose an “undue burden” on a woman seeking an abortion. Under this “undue burden” rule, proposals to impose physician-required counseling of women, two-day waiting periods, and many other requirements have been found unconstitutional. In addition, Slatery noted that different courts have reached different decisions using that analysis.

Those who support abortion rights in Tennessee find Slatery’s opinions “heartening”. Hedy Weinberg, executive director of the American Civil Liberties Union of Tennessee said, “The attorney general is saying ‘don’t rush to pass laws’ that duplicate what was on the books prior to the 2000 Tennessee Supreme Court decision”. That decision concluded that there was a fundamental right to abortion for women in the Tennessee Constitution, a right that Amendment 1 has since removed.

 

One thought on “Gender/Sexuality/Rights 2 – Abortion – “Tennessee AG weighs in on how far abortion restrictions can go”

  1. Emma Behr

    Aneri, I am glad you wrote this blog post in order to shed light on the issue. It makes me so angry. It is clear to me that the reason so many right-wing advocates wish to impose such restrictions on abortion is not to save the lives of the potentially aborted fetuses. It is to oppress women by denying them their right to make decisions for themselves and to have freedom from the limiting and inopportune responsibility of children. I am disgusted. Did you know that Viagara is covered by Medicaid, but birth control is not? Please tell me how that works. Aneri, the world is askew with inequality and it is up to people like you and me to spread the word, so thank you for doing so with this blog post. Keep up the good work!

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