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 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.
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. [10] 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. [10] 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]
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 , No. 19-1392 , 597 U.S. ___(2022) 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]
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]
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]
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.
Political affiliation | Legal in all cases | Legal only in special cases [lower-alpha 1] | Illegal in all cases |
---|---|---|---|
Democratic | 70% | 22% | 6% |
Republican | 8% | 54% | 33% |
Independent | 38% | 46% | 12% |
Total | 36% | 44% | 17% |
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 2020, hundreds of people attended the March for Life in Knoxville supporting abortion bans and restrictions. [37]
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. [38]
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. [39] 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. [40]
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. [41] [42]
In the period between 1972 and 1974, there were zero recorded illegal abortion death in the state. [43] In 1990, 554,000 women in the state faced the risk of an unintended pregnancy. [25] In 2010, the state had no publicly funded abortions. [44] 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. [45] In 2017, the state had an infant mortality rate of 7.4 deaths per 1,000 live births. [46]
Census division and state | Number | Rate | % change 1992–1996 | ||||
---|---|---|---|---|---|---|---|
1992 | 1995 | 1996 | 1992 | 1995 | 1996 | ||
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] |
Tennessee | 10,523 | 8.1 | 130 | 11,235 | 8.6 | 139 | 18.6 | 2016 | [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. [52] 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]
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]
Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.
Abortion in Alabama is illegal. Under section 26-23H-4 of the Code of Alabama in the U.S. state of Alabama, it is unlawful for an abortion to be performed unless it is deemed absolutely necessary in order to prevent a serious health risk to the pregnant woman. There are no exceptions for rape or incest.
Abortion in Georgia is legal up to the detection of an embryonic heartbeat, which typically begins in the 5th or 6th week after the onset of the last menstrual period (LMP) or in two to three weeks after implantation. This law came into force on July 20, 2022, almost a month after the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) ruling. In 2007, mandatory ultrasound requirements were passed by state legislators. Georgia has continually sought to legislate against abortion at a state level since 2011. The most recent example, 2019's HB 481, sought to make abortion illegal as soon as an embryonic heartbeat can be detected; in most cases that is around the six-week mark of a pregnancy. Many women are not aware they are pregnant at this time. An injunction was issued against this bill by a federal judge, who ruled that it contravened the Supreme Court's 1973 ruling. A poll conducted by the Pew Research Center in 2014 found that 49% of Georgians believed abortions should be illegal in all or most cases vs 48% legal in all or most cases.
Abortion in Missouri is illegal, with abortions only being legal in cases of medical emergency and several additional laws making access to abortion services difficult. In 2014, a poll by the Pew Research Center found that 52% of Missouri adults said that abortion should be legal vs. 46% that believe it should be illegal in all or most cases. According to a 2014 Public Religion Research Institute (PRRI) study, 51% of white women in the state believed that abortion is legal in all or most cases.
Abortion in Arkansas is illegal except when it is necessary to save the life of the mother. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.
Abortion in Delaware is legal up to the point of fetal viability. 55% of adults said in a poll by the Pew Research Center that abortion should be legal and 38% stated it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.
Abortion in the District of Columbia is legal at all stages of pregnancy. In 1971, in United States v. Vuitch, the U.S. Supreme Court upheld a law saying abortion was allowed for health reasons, which include "psychological and physical well-being". Consequently, the District of Columbia became a destination for women seeking abortions starting that year.
Abortion in Idaho is illegal from fertilization. Following the overturning of Roe v. Wade on June 24, 2022, abortion in Idaho was criminalized by the trigger law which states that a person who performs an abortion may face two to five years of imprisonment. The ban allows exceptions for maternal health, rape and incest within the first trimester. The law took effect on August 25, 2022.
Abortion in Kansas is legal. Kansas law allows for an abortion up to 20 weeks postfertilization. After that point, only in cases of life or severely compromised physical health may an abortion be performed, with this limit set on the belief that a fetus can feel pain after that point in the pregnancy. The state also had detailed abortion-specific informed consent requirement by 2007. Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions and private doctor offices in addition to abortion clinics were in place by 2013. In 2015, Kansas became the first state to ban the dilation and evacuation procedure, a common second-trimester abortion procedure. State laws about abortion have been challenged at the Kansas Supreme Court and US Supreme Court level. On August 2, 2022, Kansas voters rejected a constitutional amendment that would have allowed the Republican-controlled legislature to restrict or ban abortion in Kansas, following the overturning of Roe v. Wade.
Abortion in Kentucky is illegal. There were laws in Kentucky about abortion by 1900, including ones with therapeutic exceptions. In 1998, the state passed legislation that required clinics to have an abortion clinic license if they wanted to operate. By the early 2010s, members of the Kentucky Legislature attempted to ban abortion in almost all cases and had also introduced the early abortion bans. Prior to 2019, Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year. In that year, 57% of people in Kentucky said abortion should be "illegal in all or most cases." A bill passed and made effective in April 2022 lowered the threshold to 15 weeks, the second most restrictive limit in effect in the United States behind Texas, and introduced regulations that made abortion illegal until it was blocked in federal court.
Abortion in Maine is legal throughout all stages of pregnancy. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal with 33% stating that it should be illegal in all or most cases.
Abortion in Mississippi is illegal. The new law took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch certified on June 27, the Supreme Court decision on Dobbs v. Jackson Women's Health Organization on June 24 of that year.
Abortion in Nebraska is legal up to the 12th week of pregnancy, after new legislation was signed in May 2023. In June 2023, a lawsuit was filed to challenge the state's abortion law. The legislation establishing the law contained provisions concerning both abortion and gender-affirming care, while the state constitution prohibits bills that legislate on multiple issues at once.
Abortion in North Dakota is illegal. The state's sole abortion clinic relocated to Minnesota.
Abortion in South Carolina is legal up to when an embryonic heartbeat can be detected, usually around 6 weeks gestation. On May 25, 2023, Governor Henry McMaster signed a 6-week ban, and it took effect immediately. The ban was indefinitely blocked in court on May 26, and reinstated by the South Carolina Supreme Court on August 23.
Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.
Abortion in West Virginia is illegal, with few exceptions.
Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.
Abortion in Iowa is legal up to 20 weeks of gestation. A 6-week abortion ban has been indefinitely blocked in court.
Abortion in Wyoming is currently legal due to a temporary court injunction.
Summary: As introduced, prohibits abortions from the point a fetal heartbeat is detected
Summary: As introduced, prohibits abortions from the point a fetal heartbeat is detected
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.
Republicans on the House Health Committee voted 15-4 to send the legislation to the House floor for a full vote
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.
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.
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