Judge Temporarily Blocks Enforcement of Tennessee Abortion Rule

A federal judge has temporarily blocked a Tennessee law that prohibits adults from helping juveniles get abortions without parental consent, citing First Amendment concerns.

At a Glance

U.S. District Judge Aleta Trauger issued a temporary injunction against Tennessee’s “abortion trafficking” law.
The law criminalizes adults who help minors obtain abortions without parental consent.
Judge Trauger ruled that the state cannot criminalize communication about legal abortion options.
The law is on hold as the case proceeds through court.
The ruling protects the freedom to discuss abortion care across state lines.

Tennessee’s Controversial “Abortion Trafficking” Law Temporarily Halted

U.S. District Judge Aleta Trauger has temporarily blocked a state measure that criminalizes adults who help minors obtain abortions without parental consent. This law, passed by Tennessee’s Republican-controlled Legislature and signed by GOP Gov. Bill Lee, took effect on July 1. However, Judge Trauger’s ruling has put the law on hold as the case proceeds through court.

The law would make “intentionally recruit[ing], harbor[ing], or transport[ing]” a pregnant minor for an abortion without parental consent illegal. Violators would face a Class A misdemeanor, punishable by nearly one year in jail. The law does not exempt cases where minors are assaulted by their parents, although biological fathers who assault their daughters cannot pursue civil action.

Judge temporarily halts Tennessee law banning adults from helping minors get abortion without parental consent https://t.co/nQZ3gP4gu1

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First Amendment Concerns and Legal Challenges

Judge Trauger’s decision to temporarily block the law stems specifically from concerns about its potential infringement on First Amendment rights due to the “recruiting” provision. In her ruling, she emphasized that the state cannot criminalize communication about legal abortion options. This stance has been hailed as a victory by abortion rights advocates.

“The freedom of speech guaranteed by the First Amendment is not simply a special protection that the Constitution grants to a few, high-profile speakers so that those speakers can hear themselves talk; it is a protection available to everyone, for the interconnected benefit of everyone, because messages do not gain their fullest power by being uttered, but by being spread,” said Trauger.

Democratic state Rep. Aftyn Behn and attorney Rachel Welty had filed a lawsuit challenging the statute, arguing that it is “unconstitutionally vague.” The lawsuit names 11 district attorneys in middle Tennessee as defendants, alleging they ignored requests to clarify the law. Behn called the ruling a “monumental victory” for free speech and abortion access.

Broader Context and Implications

Tennessee’s law mirrors Idaho’s law, which is also temporarily blocked by a federal judge. These laws are part of a broader debate about state abortion rights following the U.S. Supreme Court’s June 2022 Dobbs decision, which overturned Roe v. Wade. Currently, abortions are banned in Tennessee at all stages of pregnancy, with specific exemptions.

Supporters of the law argue it is necessary to protect parental rights and prevent adults from persuading adolescents to get abortions. However, critics argue these laws could impact interstate travel, personal speech, and communication.

As the case proceeds, it remains to be seen how this ruling will impact similar laws in other states and the broader debate on abortion access and parental rights in the post-Roe era. The Attorney General’s office has not immediately commented on the ruling, leaving the future of Tennessee’s abortion law uncertain for now.