Tennessee Judge Blocks Law to Stop Taking Teen Girls Out of State for Secret Abortions

HB 1895, sponsored by Rep. Jason Zachary (R-Tenn.), was designed to protect minors from “abortion trafficking.” But those plans came to a halt when the law was put on hold by Judge Aleta Trauger on Friday.

The bill initially went into effect on July 1, making it a Class C felony for any adult to “recruit, harbor, or transport a pregnant unemancipated minor” for an abortion without parental consent. As the text stated, “This bill provides that a person who commits the offense of abortion trafficking of a minor may be held liable in a civil action for the wrongful death of an unborn child that was aborted.” But, according to Trauger, HB 1895 raised “First Amendment concerns over the phrasing of the law.”

In response to the bill’s passage, Rep. Aftyn Behn (D-Tenn.) and Nashville attorney Rachel Welty filed a federal lawsuit, giving special attention to the word “recruits,” which The Tennessean reported is “a term not defined in state code that opponents of the bill could” use to raise the free speech concerns. This case led to Trauger temporarily blocking the bill as it continues to make its way through court.

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However, as Family Research Council President Tony Perkins pointed out on Monday’s episode of “Washington Watch,” the judge’s decision takes away the protections HB 1895 provided, which now means “an adult abuser can impregnate a child and take her for an abortion without the parents knowing about it.” But as far as Trauger is concerned, Perkins noted, “That’s free speech.”

As Zachary explained when he joined Monday’s show, the scenario Perkins addressed is not hypothetical but a tragedy that does occur. What motivated him to write the bill, he said, was when he was “directly involved” in a situation where a minor was taken to a separate state by a “trusted adult” to get an abortion without consent from the child’s guardians. From that point on, Tennessee took the “approach … that our legislation will prohibit any adult who is not the guardian or parent of a minor child from facilitating an abortion for that child. Simple. Period. End of story.”

Ultimately, he emphasized, “This has … nothing to do with free speech. This is about protecting the life of the unborn and protecting minor children at their most vulnerable time. This is a parental rights bill.” He went on to highlight how “abortion is a settled issue in Tennessee,” with the state having some of “the strongest pro-life legislation” and eliminating elective abortions with the “only exception” being “for the life of the mother.” Many of these laws have been in place since Roe v. Wade was overturned, he said, which led to Trauger being “hostile to the state since.”

Her decision to block the pro-life legislation “is an action that was kind of expected.” Yet, Perkins added, “[T]his law is needed more now than ever,” especially “with Tennessee taking [a] very strong approach to protecting unborn children.” Zachary agreed, noting that “Knox County … is one of the more conservative areas of our state.”

Despite this, Zachary highlighted that a “Planned Parenthood just reopened a facility in East Knoxville,” which has caused “significant concern.” This is all the more worrisome, he pointed out, since “Planned Parenthood is the second largest distributor of hormone blockers [and] puberty blockers,” and they give “terrible counsel to young girls and women who are pregnant.” So, even though they aren’t “able to facilitate an elective abortion in Tennessee, they are still working with a passion to go after the unborn and a mother’s womb.”

The cause for this, Zachary asserted, is “the enemy.” And “we, as believers, recognize that.” This is why “in Tennessee … we have taken a strong stand to protect children, and that includes children, the unborn, and protecting those minors and those moms who are in a very vulnerable” position. As Zachary assured, “We’re not backing up.”

Thankfully, Perkins interjected, “The judge can’t kill” the bill. Her decision only “puts it on hold,” which means it now has “to go through the process … to be adjudicated.” Concerning the next steps and the timeline of this case, Zachary noted it’s “all uncertain” and that they’re “still evaluating and determining the best path forward.” But as Perkins emphasized, this is part of “fighting for the sanctity of human life.”

“I personally believe we need to be supporting and defending life at every level of government,” Perkins said. “But the honest truth is [that] most of the work has actually been done at the state level.” As such, he concluded, it’s important to keep fighting, because every step forward in protecting life “starts with a piece of legislation that has a passionate voice and leader behind it.”

LifeNews Note: Sarah Holliday is a reporter at The Washington Stand, where this originally appeared.