The Tennessee Legislature passed a slate of anti-abortion measures, including a provision that would prohibit women from choosing to have an abortion because of indications that the baby would have Down syndrome.
The Tennessee Senate voted Friday along party lines to restrict abortions that have been decided on the basis of a Down syndrome diagnosis or the race or sex of the fetus. The legislation would also prohibit abortions after the fetal heartbeat is detected, which often occurs six weeks after conception.
The bill also prohibits abortions for juveniles in the custody of the state’s Department of Children’s Services by removing an option to petition the court to allow for an abortion. There is an exception for abortions in the case that the woman’s life is at risk, but there were no exclusions for rape or incest. The legislation was already passed in the House, and Gov. Bill Lee, a Republican, has signaled his intention to sign it.
“One of the most important things we can do to be pro-family is to protect the rights of the most vulnerable in our state, and there is none more vulnerable than the unborn,” Lee tweeted. “We have passed the strongest pro-life law in our state’s history.”
We have passed the strongest pro-life law in our state’s history and I am grateful to @ltgovmcnally, @CSexton25, @SenJohnson, @WilliamLamberth and members of our General Assembly for making the heartbeat bill law.
— Gov. Bill Lee (@GovBillLee) June 19, 2020
Similar legislation barring abortions after a fetal heartbeat is detected has been struck down in other states, and pro-abortion activists have vowed to take this legislation to court.
“As promised, we will see them in court,” said Hedy Weinberg, the executive director of the American Civil Liberties Union of Tennessee. “The Tennessee General Assembly’s passage of this dangerous, flatly unconstitutional bill is unacceptable. Lawmakers used this measure in a game of political maneuvering to pass the state budget — pushing it through without regard for the actual Tennesseans who will be denied access to the care they need, including abortion.”
The bill has a provision to automatically enact a ban on abortions at eight weeks if the court strikes down the heartbeat restriction, which typically occurs at six weeks. The legislation progressively adds two weeks to the gestational age with each court ruling, starting at eight weeks to up to 24 weeks.
To comply with the legislation, abortion providers must determine the age of the fetus, allow the woman to hear the heartbeat, conduct an ultrasound that is shown to the woman, and explain which body parts and organs are visible in the ultrasound. Any abortion provider who does not comply could be charged with a Class C felony.
Abortion providers must also display a sign in the office explaining that it is possible to reverse some chemical abortions. Failure to display the sign could yield a $10,000 fine.
While the bill bans abortions based solely because of a Down syndrome diagnosis, the heartbeat provision would likely take effect before a Down syndrome diagnosis. Such tests are usually not conducted until 10 weeks after conception.
Many Democrats are outraged by the legislation. They criticized Republicans for voting to pass the bill during the coronavirus pandemic, when much of the public could not be physically present to oppose the legislation.
“This is a 60-page bill that we’re bringing up at midnight,” said Senate Minority Leader Jeff Yarbro, a Democrat, told the Tennessean. “This is the most notable bill we’ll pass this year. We’re doing it in a closed Capitol.”
Sen. Brenda Gilmore, a Democrat, said the legislation would only prohibit poor women from receiving abortions because wealthy women can afford to drive out of state to have the procedure.
“Poor mothers, we’re going to be pushing them into the alleys like it was years and years ago and still endangering them,” Gilmore said.
