Abortion in Tennessee explained

Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".[1]

The ban took effect on August 25, 2022, thirty days after the Tennessee Attorney General notified the Tennessee Code Commission that Roe v. Wade was overturned on June 24, 2022.[2] [3] [4] [5] Following the Dobbs v. Jackson Women's Health Organization decision, it became the only state with no direct exception in case of risk to the mother's life; rather, there was an affirmative defense included in the ban, meaning that someone who performed an abortion could be charged with a felony, but only had an opportunity to prove that the procedure was necessary — either to prevent the patient from dying or to prevent serious risk of what the law calls "substantial and irreversible impairment of a major bodily function."[6]

The number of abortion clinics in Tennessee decreased over the years, with 128 in 1982, 33 in 1992, and 7 in 2014. There were 12,373 legal abortions in 2014, and 11,411 in 2015.

History

Legislative history

The state was one of 10 states in 2007 to have a customary informed consent provision for abortions.[7] In 2013, state Targeted Regulation of Abortion Providers (TRAP) had provisions related to admitting privileges and licensing. They required clinics have hospital privileges and transfer agreement with a hospital.[8]

In 2015 Tennessee established a required 48 hour waiting period before obtaining an abortion.[9]

The state legislature was one of eight states nationwide that tried, and failed, to pass a bill to ban early abortion in 2017.[10] They tried again in 2018, where they were one of ten states that tried and failed to pass a fetal heartbeat bill. Two fetal heartbeat bills were filed in the Tennessee General Assembly in 2019. On January 23, 2019, Rep. James "Micah" Van Huss filed HB 77 in the Tennessee House of Representatives.[11] On February 7, 2019, Sen. Mark Pody filed SB 1236 in the Tennessee Senate.[12] On February 20, 2019, HB 77 was passed out of a Public Health subcommittee and sent to the full committee.[13] On February 26, 2019, the House Public Health Committee voted 15–4 to send HB 77 to the House floor for a full vote.[14] [15] On February 7, 2019, HB 77 was passed out of the Tennessee House by a vote of 66–21.[16] As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally at some point between weeks 24 and 28. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling and was not a result of state-based legislation. In 2020 Tennessee banned abortions because of a prenatal diagnosis of Down syndrome or because of the gender or race of the fetus.[17]

Due to the trigger law prohibiting abortion from the point of fertilization which was adopted on April 22, 2019, abortion became illegal from the point of conception in Tennessee on July 25, 2022, 30 days after the overturning of Roe v. Wade.[18]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[19] (However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, later in 2022.[20] [21])

Tennessee's heartbeat bill and the Texas-style abortion ban have been in court due to pro-abortion rights organizations suing the state of Tennessee.[22]

On September 12, 2023, three women filed a lawsuit against the state of Tennessee over the state's abortion ban, stating that they were denied abortions despite having dangerous pregnancy complications.[23] On January 8, 2024, four additional women and two doctors joined the lawsuit.[24]

Clinic history

See also: Abortion clinic. Between 1982 and 1992, the number of abortion clinics in the state declined by 47, going from 128 in 1982 to 33 in 1992.[25] In 2014, there were seven abortion clinics in the state.[26] In 2014, 96% of the counties in the state did not have an abortion clinic. That year, 63% of women in the state aged 15–44 lived in a county without an abortion clinic.[27] In 2017, there were four Planned Parenthood clinics, all of which offered abortion services, in a state with a population of 1,519,130 women aged 15–49.[28]

Municipal actions

On July 13, 2022, the Memphis City council passed the Reproductive Autonomy is Necessary (RAIN) Act in an effort to lessen the extent to which statewide policy will affect childbearing women in Memphis.[29]

Polling

In a 2014 poll by the Pew Research Center, 55% of adults in Tennessee said that abortion should be illegal in all or most cases and 40% said it should be legal.[30] By 2022, support for legal abortion in the state had greatly increased.

Tennessean's views on the legality of abortion by political affiliation (2022)[31] !Political affiliation!Legal in all cases!Legal only in special cases!Illegal in all cases
Democratic70%22%6%
Republican8%54%33%
Independent38%46%12%
Total36%44%17%

Abortion rights views and activities

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[32]

In Memphis and Nashville, groups of people gathered to protest the abortion ban that would take place after the leaked draft opinion overturning Roe v. Wade. Many women shared their abortion stories at the protest.[33] [34]

In Nashville, Tennessee, hundreds gathered at the Legislative Plaza on June 24, 2022, following the overturn of Roe v. Wade. Protesters also gathered in Knoxville, along Poplar Avenue in Memphis, as well as Founder's Park in Johnson City.[35]

On September 26, 2022, an abortion rights protester began walking across the entire state of Tennessee, a 538-mile walk, to protest the state Supreme Court's decision to overturn abortion rights.[36]

In 2024, Allie Phillips ran for a Tennessee House seat in District 75 following being forced to leave the state to get an abortion in New York for a non-viable pregnancy.[37]

Anti-abortion views and activities

Protests

In 2020, thousands of people attended the March for Life in Knoxville supporting abortion bans and restrictions.[38]

Violence

On January 23, 2021, a man fired a shotgun at a Knoxville, Tennessee Planned Parenthood clinic; no one was injured. News outlets noted that the attack took place on the anniversary of the Roe v. Wade decision and at a time when Tennessee's governor, Bill Lee, was involved in a heated online debate regarding abortion and health care. The same man later attacked the clinic in December.[39]

On December 31, 2021, New Year's Eve, a fire destroyed a Planned Parenthood in Knoxville, Tennessee. The building was closed at the time for renovations. The Knoxville Fire Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives ruled the fire arson. The clinic had previously been shot at in January of the same year.[40] In October 2022, federal court documents identified the arsonist as Mark Thomas Reno, who previously attacked the clinic in January and was present at the January 6 Capitol attack. Reno died on August 15, 2022.[41]

On August 2, 2022, a Tennessee federal judge issued a restraining order against anti-abortion group Operation Save America after several of their members were arrested during protests at clinics in Nashville, Tennessee and Mt. Juliet in late July.[42] [43]

Statistics

In the period between 1972 and 1974, there were zero recorded illegal abortion death in the state.[44] In 1990, 554,000 women in the state faced the risk of an unintended pregnancy. In 2010, the state had no publicly funded abortions.[45] In 2013, among white women aged 15–19, there were 690 abortions, 650 abortions for black women aged 15–19, 50 abortions for Hispanic women aged 15–19, and 20 abortions for women of all other races.[46] In 2017, the state had an infant mortality rate of 7.4 deaths per 1,000 live births.[47]

Census division and state
Number Rate % change
1992–1996
199219951996199219951996
Total 1,528,930 1,363,690 1,365,730 25.9 22.9 22.9 –12
East South Central 54,060 44,010 46,100 14.9 12 12.5 –17
Alabama 17,450 14,580 15,150 18.2 15 15.6 –15
Kentucky 10,000 7,770 8,470 11.4 8.8 9.6 –16
Mississippi 7,550 3,420 4,490 12.4 5.5 7.2 –42
Tennessee 19,060 18,240 17,990 16.2 15.2 14.8 –8
Location
Residence Occurrence % obtained by
out-of-state
residents		Year Ref
No. Rate^ Ratio^^ No. Rate^ Ratio^^
Tennessee 10,987 8.5 135 12,373 9.5 152 21.3 2014 [48]
Tennessee 10,361 8 127 11,411 8.8 140 20.3 2015 [49]
Tennessee10,5238.113011,2358.613918.62016[50]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

According to Pew Research Center, in Tennessee, adults aged 30–49 are the age demographic that has the highest percentage of people thinking abortion should be legal in most cases (35%).[51] According to the Lozier Institute, in 2019, 55% of Tennessee's abortions were at 8 weeks gestation or earlier, 23% were performed at between 9 and 10 weeks, 6% at 13 to 14 weeks, and 2% between 17 and 20 weeks. There were 26 cases of failed abortions with no complications, 17 with delayed or excessive hemorrhage, 15 with delayed or excessive hemorrhage after a failed abortion, and 17 cases that had unspecified complications.[52]

Criminal prosecutions of abortion

A 31-year-old Tennessean was charged with attempted first-degree murder in December 2015. The charge was based on an attempt to give herself an illegal abortion using a coat hanger.[53]

Notes and References

  1. https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0883&GA=113 HB 0883
  2. Web site: Blumenthal . Paul . 2022-06-14 . These States Will Ban Abortion Now That Roe Is Overturned . 2022-06-24 . HuffPost . en.
  3. Web site: Brown . Melissa . Tennessee files emergency motion to move up timeline for abortion restrictions to take effect . 2022-06-24 . The Tennessean . en-US.
  4. Web site: Allen . Courtney . EXPLAINER: When do Tennessee's abortion trigger laws go into effect? . 2022-07-23 . WSMV. en.
  5. Web site: Tennessee's abortion ban to take effect Aug. 25 . 2022-07-27 . The Tennessean. en.
  6. Web site: Tennessee's abortion law does not contain the lifesaving 'exception' you may think it does, lawyers say . 23 August 2022 .
  7. Web site: Fall 2007 . STATE POLICY ON INFORMED CONSENT FOR ABORTION . May 22, 2019 . Guttmacher Policy Review.
  8. Web site: 2013-06-27 . TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price . 2019-05-27 . Guttmacher Institute . en.
  9. Web site: 48-hour abortion waiting period signed into Tennessee law . .
  10. News: Lai . K. K. Rebecca . 2019-05-15 . Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year . en-US . The New York Times . 2019-05-24 . 0362-4331.
  11. Web site: TN HB0077 2019–2020 111th General Assembly . February 21, 2019 . legiscan.com . Legi Scan . Summary: As introduced, prohibits abortions from the point a fetal heartbeat is detected.
  12. Web site: TN SB1236 2019–2020 111th General Assembly . February 21, 2019 . legiscan.com . Legi Scna . Summary: As introduced, prohibits abortions from the point a fetal heartbeat is detected.
  13. News: Wadhwani . Anita . February 20, 2019 . 'Heartbeat' abortion ban advances in Tennessee legislature . Tennessean . USA Today Network . February 20, 2019 . A bill that would outlaw abortions in Tennessee after a fetal heartbeat can be detected advanced out of a legislative subcommittee on Wednesday. The measure, proposed by state Rep. Micah Van Huss, R-Jonesborough, and state Sen. Mark Pody, R-Lebanon, would make it a crime to perform an abortion in Tennessee once a fetal heartbeat can be detected — which typically occurs in the early weeks of a woman's pregnancy..
  14. News: Kruesi . Kimberlee . February 26, 2019 . Abortion: Tennessee lawmakers advance fetal heartbeat bill . ABC 6 . Associated Press . February 26, 2019 . Republicans on the House Health Committee voted 15-4 to send the legislation to the House floor for a full vote . February 27, 2019 . https://web.archive.org/web/20190227122320/https://www.wate.com/news/tennessee/tennessee-advances-fetal-heartbeat-bill/1811844041 . dead .
  15. News: Wadhwani . Anita . February 26, 2019 . Bill that bans abortions in Tennessee after fetal heartbeat sails through House committee . Tennessean . USA Today Network . February 26, 2019 . A House committee voted 15-4 in favor of a bill that would ban most abortions in Tennessee, getting one step closer to a vote by the legislature on one of the most restrictive abortion bans in the nation. The so-called "fetal heartbeat" bill is making its way through Senate committees but easily passed early hurdles. Tuesday's vote in the health committee means the bill moves on to a vote by the House of Representatives..
  16. News: Samuels . Brett . March 8, 2019 . Tennessee state House passes 'fetal heartbeat' abortion ban . The Hill . March 8, 2019 . The Tennessee House of Representatives passed a bill on Thursday that would outlaw abortions in the state after a fetus has a detectable heartbeat. . . The legislation passed 66-21..
  17. Web site: November 21, 2020 . Court: Tennessee can enforce Down syndrome abortion ban . AP NEWS.
  18. Web site: Bills . 2022-07-14 . 2022-03-27 . https://web.archive.org/web/20220327050602/https://www.capitol.tn.gov/Bills/111/Bill/SB1257.pdf . dead .
  19. Buell . Samuel . 1991-01-01 . Criminal Abortion Revisited . New York University Law Review . 66 . 6 . 1774–1831 . 11652642.
  20. Web site: Supreme Court overturns Roe v. Wade . Ariane . de Vogue . June 24, 2022 . June 24, 2022 . . June 24, 2022 . https://web.archive.org/web/20220624141808/https://www.cnn.com/2022/06/24/politics/dobbs-mississippi-supreme-court-abortion-roe-wade/index.html . live .
  21. News: Howe . Amy . Supreme Court overturns constitutional right to abortion . . June 24, 2022 . June 24, 2022 . June 24, 2022 . https://web.archive.org/web/20220624142633/https://www.scotusblog.com/2022/06/supreme-court-overturns-constitutional-right-to-abortion/ . live .
  22. Web site: Preliminary Injunction Blocking Tennessee Abortion Ban . American Civil Liberties Union . en.
  23. Web site: El-Bawab . Nadine. Women, doctors announce legal action against abortion bans in 3 states. ABC News . September 12, 2023 . September 12, 2023.
  24. Web site: Kruesi . Kimberlee. More women join challenge to Tennessee's abortion ban law. The Associated Press . January 8, 2024 . January 8, 2024.
  25. Book: A State-By-State Review of Abortion and Reproductive Rights. Arndorfer. Elizabeth. Michael. Jodi. Moskowitz. Laura. Grant. Juli A.. Siebel. Liza. December 1998. DIANE Publishing. 9780788174810. en.
  26. Web site: The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state. Gould. Rebecca Harrington, Skye. Business Insider. 2019-05-23.
  27. Web site: This is what could happen if Roe v. Wade fell. Panetta, Grace . lee, Samantha. 2018-08-04. Business Insider. es. 2019-05-24. 2019-05-24. https://web.archive.org/web/20190524083342/https://www.businessinsider.es/abortion-access-in-america-maps-charts-if-roe-falls-2018-8.
  28. News: Here's Where Women Have Less Access to Planned Parenthood. 2019-05-23. en.
  29. News: RAIN Act: Memphis city councilman announces reproductive autonomy resolution . 2022-07-14 . WMC-TV . en.
  30. Web site: Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics . Pew Research Center. en-US. June 28, 2022.
  31. News: Friedman . Adam . May 26, 2022 . Vanderbilt poll: 80% of Tennesseans support abortion under some conditions . July 14, 2022 . The Tennessean . Nashville . en-US.
  32. Web site: Bacon . John . Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation . May 25, 2019 . USA TODAY . en.
  33. Web site: Farmer . Blake . 3 May 2022 . Nashville women share their abortion stories at a rally against impending Tennessee ban . wpln.org.
  34. Web site: Kennedy . Corinne S. . 'Speak up and fight back': Abortion rights advocates rally for Roe v. Wade in Memphis . 2022-07-14 . The Commercial Appeal . en-US.
  35. Web site: Photos: Tennessee reacts to Supreme Court's abortion decision. 2024-01-07 . The Tennessean . en-US.
  36. Web site: Sauter . Danica . Woman walking across state of Tennessee for abortion rights makes stop in Nashville. WVLT . October 17, 2022 . October 16, 2022.
  37. Web site: Riddle . Katia . Tennessee law denied Allie Phillips an abortion. So she's now running for office. NPR . June 4, 2024 . February 5, 2024.
  38. Web site: January 26, 2020 . Hundreds protest abortion in Knoxville March for Life . wbir.com.
  39. Sarah Riley, Planned Parenthood closed after someone fires shotgun at clinic doors, Knox News (January 22, 2021).
  40. Web site: New Year's Eve fire at Planned Parenthood facility in Tennessee was arson, officials say . January 6, 2022. CNN. Boyette. Chris.
  41. Web site: Man suspected of torching Tennessee Planned Parenthood clinic and shooting federal building died months ago, officials say . CBS News . November 7, 2022 . October 31, 2022.
  42. Web site: Brown . Melissa . Tennessee judge issues restraining order against anti-abortion group after armed activist arrest. The Tennessean . August 25, 2022 . August 2, 2022.
  43. Web site: Wadhwani . Anita . Federal appeals court won’t lift restraining order against Mt. Juliet abortion clinic protestors. Tennessee Lookout . October 11, 2023 . October 2, 2023.
  44. Cates. Willard. Rochat. Roger. March 1976. Illegal Abortions in the United States: 1972–1974. Family Planning Perspectives. 8. 2. 86–92. 10.2307/2133995. 2133995. 1269687.
  45. Web site: Guttmacher Data Center. data.guttmacher.org. 2019-05-24.
  46. Web site: No. of abortions among women aged 15–19, by state of residence, 2013 by racial group. Guttmacher Data Center. 2019-05-24.
  47. Web site: States pushing abortion bans have highest infant mortality rates . May 25, 2019 . NBC News . en.
  48. Jatlaoui. Tara C.. 2017. Abortion Surveillance — United States, 2014. MMWR. Surveillance Summaries. en-us. 66. 24. 1–48. 10.15585/mmwr.ss6624a1. 1546-0738. 29166366. 6289084.
  49. Jatlaoui. Tara C.. 2018. Abortion Surveillance — United States, 2015. MMWR. Surveillance Summaries. en-us. 67. 13. 1–45. 10.15585/mmwr.ss6713a1. 1546-0738. 6289084. 30462632.
  50. Jatlaoui. Tara C.. 2019. Abortion Surveillance — United States, 2016. MMWR. Surveillance Summaries. en-us. 68. 11 . 1–41 . 10.15585/mmwr.ss6811a1. 31774741 . 1546-0738. free. 6289084.
  51. Web site: Views about abortion among adults in Tennessee . Religious Landscape Study . Pew Research Center .
  52. Web site: Longbons . Tessa . 7 February 2022 . Abortion Reporting: Tennessee (2019) . Charlotte Lozier Institute.
  53. Web site: Timeline: The 200-Year Fight for Abortion Access. Larson. Jordan. The Cut. en. May 25, 2019.

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