In May 2024, Tennessee Governor Bill Lee signed off on a piece of legislation criminalizing “abortion trafficking,” strengthening the state’s anti-abortion laws. 

The “abortion trafficking” bill, formally Senate Bill 1971, penalizes adults who intentionally “recruit,” “harbor,” or “transport,” a pregnant, un-emancipated minor to assist them in obtaining an abortion without notarized consent from their legal guardian. Whatever state the pregnancy is ultimately terminated in is inconsequential. Additionally, adults who “conceal” a minor’s abortion from their parents are also subjected to punishment. Violators of these clauses are issued a Class A misdemeanor that carries a minimum of 11 months and 29 days of jail time.

Following the bill’s signing, Rep. Aftyn Behn (D-Nashville), one of few Democrats in Tennessee’s House of Representatives, filed a lawsuit challenging it. Rep. Behn raised concerns that the legislation’s vague language could limit the sharing of accurate information about and advocacy for abortion rights. Behn’s lawsuit led the bill to be suspended in federal court. District Judge Aleta Trauger chastised the proposed legislation for making  “it a crime to communicate freely.” Though the bill was considered a violation of the First Amendment, it continues to make its way through the court system on appeal. 

Responding to criticism, state senator Paul Rose (the bill’s sponsor) claimed the statute would defend the “God-given rights” of parents to prevent their children from accessing family planning services. Stacey Dunn, president of Tennessee’s most notable pro-life advocacy group, Right to Life, also spoke in defense of the bill. Dunn claims that the bill saves kids from “danger,” and argues that the bill would prevent the abortion industry from “keeping parents in the dark.”

While fans of the statute claim that the bill protects youth, it affords little leniency to minors in vulnerable situations. The bill only contains one safeguard for abused children: preventing the parents of incest victims from pursuing legal action against the bill’s violators. However, incest victims, as well as non-familial rape victims, are still required to obtain a guardian’s notarized consent to terminate their pregnancy. Such written consent is also expected of children in the custody of Tennessee’s Child Protective Services. By giving medical discretion to parents of children in CPS, the bill undermines the potential termination of parental rights once a minor is in the care of the state. In mandating that children seek their abuser’s approval to get an abortion, Senate Bill 1971 shows little sympathy for young victims of sexual and domestic violence. 

Tennessee’s abortion trafficking legislation discourages trusted adults from helping pregnant minors obtain an abortion. This significantly limits a child’s access to abortion services in states with restrictive abortion laws. Following a steep decline in pregnancy terminations after Tennessee’s 2022 abortion ban, reported abortions gradually increased after August of the following year. As of June 2024, 100% of reported pregnancy terminations in Tennessee were the result of telemedical services that allow for abortion pills to be shipped across state lines. Nearly half of all telehealth abortions in the U.S. each month were administered to women in states with partial or total abortion bans. However, this option is rarely available to minors. Many virtual clinics have minimum age requirements or require the presence of a legal guardian during online appointments. 

Absent adult support, minors have next to no options for safe abortions in Tennessee. Despite having the highest ratio of unwanted pregnancies of any age demographic, women aged 15-19 face the most restrictive abortion laws under Senate Bill 1971. Consequently, Tennessee’s abortion trafficking bill would increase the number of children born to young, unwilling mothers. 

Photo via Wikicommons.