Tennessee Faces Lawsuit Over Law Criminalizing Assistance for Minors Seeking Abortions Without Parent's Consent

By Madz Dizon

Jun 25, 2024 12:47 AM EDT

Tennessee Faces Lawsuit Over Law Criminalizing Assistance for Minors Seeking Abortions Without Parent's Consent( SETH HERALD/AFP via Getty Images) (Credit: Getty Image)

A legal challenge has been filed by a state Democratic lawmaker and a reproductive rights activist in Tennessee, claiming that the upcoming ban on adults assisting minors in obtaining an abortion without parental permission is unconstitutional. 

Tennessee Abortion Law

A complaint was filed in federal court on the second anniversary of the Supreme Court's decision to overturn Roe v. Wade, the 1973 ruling that had established a constitutional right to abortion. 

The lawsuit was filed by Democratic Rep. Aftyn Behn along with Nashville attorney Rachel Welty.

In a recent development, the Tennessee Statehouse, which is controlled by the GOP, approved a proposal that prohibits adults from facilitating abortions for pregnant minors without the consent of their parents or guardians.

Individuals found guilty of violating the law would face a Class A misdemeanor, resulting in a jail term of almost one year, Independent reported.

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Tennessee Law Bans Abortion Without Exceptions for Minors

The law, which will be enforced starting July 1, does not provide any exceptions for minors who may have experienced sexual assault by their parents or guardians. 

On the contrary, the statute clearly states that a biological father who committed the heinous act of rape against a minor, resulting in her pregnancy, is prohibited from pursuing a civil action.

The Tennessee law is similar to the law enacted in Idaho last year, which has been temporarily blocked by a federal judge after reproductive rights groups filed a lawsuit to challenge it.

The lawsuit filed on Monday identifies 11 district attorneys in middle Tennessee as the defendants. 

It claims that these district attorneys failed to respond to Welty's previous inquiries regarding the definition of illegal behavior under the new law.

According to AP,  Tennessee has implemented a comprehensive ban on abortions throughout all stages of pregnancy, with certain exceptions in place. 

These exceptions include cases of molar pregnancies, ectopic pregnancies, as well as situations where the removal of a miscarriage or the preservation of the mother's life is necessary. 

It is important for doctors to exercise their professional judgment when determining whether a procedure can be beneficial in saving the life of a pregnant patient or preventing significant injury. 

However, some argue that the term "reasonable medical" judgment is too ambiguous and can be contested by other medical professionals.

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