NASHVILLE, Tenn. – Tennessee could become the latest state to criminalize assisting minors in obtaining abortions without parental consent, as a bill advanced in the GOP-controlled Statehouse this week. The proposal comes in response to the growing efforts by anti-abortion advocates to enforce strict abortion bans after the U.S. Supreme Court overturned Roe v. Wade in 2022. Idaho is currently the only state with an abortion trafficking law, making it illegal to obtain abortion pills for a minor or help them leave the state for an abortion without parental knowledge and consent. However, a federal judge blocked the law following legal challenges from reproductive rights groups. Undeterred, several states including Tennessee, Missouri, and Oklahoma are now pursuing their own versions of the law.
The bill in Tennessee, sponsored by Republican Rep. Jason Zachary, would make it illegal for an adult to recruit, harbor, or transport a pregnant minor within the state to obtain an abortion without parental consent. Supporters argue that this could extend not just to driving a minor but also providing information about nearby abortion providers or informing them about states with more lenient abortion laws. Like the Idaho law, Tennessee’s version seeks to avoid violating the right to travel by only criminalizing the portion of the trip within Tennessee to an out-of-state abortion provider. Violators would face a Class C felony charge, carrying a potential 15-year prison sentence and fines of up to $10,000.
Concerns have been raised regarding the law’s practicality and potential impact. Democratic Rep. John Ray Clemmons questioned the lack of a definition for recruits in Tennessee code, suggesting that interpretation would ultimately fall to a judge. He also highlighted the difficult situation that minors who are sexually assaulted by one of their parents might face, as they would be required to seek permission from their perpetrator to obtain an abortion. Nevertheless, the bill cleared a House subcommittee panel, with only the two Democratic members objecting. It must still pass through the full House and Senate, and Republican Gov. Bill Lee has yet to publicly state his position on the legislation.
Tennessee already has strict abortion laws, banning the procedure at all stages of pregnancy except in exceptionally narrow circumstances where the mother’s life is at risk. As a result, many residents must travel to neighboring states to access abortion services, often involving hours of travel. The nearest clinics for Memphis and Nashville residents are located in Carbondale, Illinois, around three hours away. In the eastern part of the state, a clinic has relocated to Virginia after years of operating near the Tennessee border.
While minors make up a relatively small percentage of those seeking abortions in the United States, with fewer than 9% of individuals obtaining abortions in 2019 falling into the 15 to 19 age range, 36 states already require parental involvement in a minor’s decision to have an abortion. However, most states include exceptions for situations such as medical emergencies. The Guttmacher Institute, a research group supporting abortion rights, provided this information.
If Tennessee’s bill becomes law, it will add another layer to the ongoing abortion debate and potentially set a precedent for other states to follow suit. As efforts to restrict abortion continue in various parts of the country, legal and ethical questions surrounding these measures persist. As such, the repercussions of such legislation will likely continue to be hotly debated.
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