Image Credit: Aftyn Behn for TN HD51 / Facebook & Canva
The Tennessee Conservative [By Paula Gomes] –
Tennessee’s abortion trafficking law that makes it illegal for adults to assist minors with obtaining an abortion out-of-state without parental consent has been temporarily blocked by a federal judge.
At the end of June, State Representative Aftyn Behn (D-Nashville-District 51) filed a lawsuit against the state challenging the new law that briefly went into effect on July 1st, 2024.
Behn, along with abortion advocate and Nashville attorney Rachel Welty, claim that wording in the law is “unconstitutionally vague” and that the legislation attacks First Amendment rights by criminalizing certain speech.
The law makes it a Class A misdemeanor – punishable by almost a year in jail – for an adult to intentionally help a minor cross state lines in order to obtain an abortion.
During discussions about the legislation, the bill’s sponsor referenced Behn for a social media post she made in which she said that she welcomed the opportunity to assist young girls seeking abortions with help in getting out of Tennessee, even if it landed her in jail.
The lawsuit, that lists 11 Middle Tennessee district attorneys as defendants due to their failure to respond to Welty’s requests for explanation regarding what would be illegal under the law, was filed on the second anniversary of the overturning of Roe v. Wade.
Friday’s 49-page ruling from U.S. District Judge Aleta Trauger – a Bill Clinton appointee – sided with Behn and Welty’s First Amendment rights argument with Trauger stating that Tennessee cannot make criminal the ability to communicate freely about legal abortion options in other states.
Trauger’s decision means that no adults can be prosecuted for taking minors out-of-state without parental consent for an abortion while the case makes its way through the state’s courts. Also agreeing with the plaintiffs, Trauger said that the word “recruits” in the law is undefined in the statute.
While abortion is illegal in Tennessee at all stages of pregnancy, there are commonsense exemptions for molar pregnancies, ectopic pregnancies, administrating D&C procedures after a miscarriage or when the mother’s life is in mortal danger.
Prior to being elected to finish the term of former State Representative Bill Beck last year, Behn worked as an activist, organizing protests and lobby days.
A social worker by trade, Behn also works for a federal super PAC focused on mobilizing rural and small town voters. In this capacity, Behn testified in court that she travels all across the state, often placing stickers in public places with information about abortion that is likely to be seen by members of the public, including minors.
Behn faces independent candidate Jeff Ketelsen in the general election on November 5th, 2024. Ketelsen was initially registered as a Republican candidate, but there are no registered GOP candidates running against Behn in the race for the Nashville district.
Representative Jason Zachary (R-Knoxville-District 14) who sponsored the legislation has stated that the law is ultimately about parental rights. Zachary expressed a confident expectation that Tennessee Attorney General Jonathan Skrmetti will successfully defend the law, securing the rights of parents to make decisions for their minor children.
The case is scheduled to be heard in court again on November 18th, 2024.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
3 Responses
Trump was able to get three Federalist Society picks onto the Supreme Court. During their hearings they swore up and down about how Roe v. Wade as “precedent” and “settled law,” blah blah blah. THEN, as soon as they had the opportunity, they overturned it. And now even women who would personally never choose to have an abortion are a bit ticked off, because they see women in red states losing a BIG measure of their self-determination in ways that men have no frame of reference for. After all, there have never been any laws passed that affect MEN’S reproductive choices.
Come November, there will be several more in the long list of states where abortion care has been enshrined by a popular vote. Women aren’t going down without a fight.
Yup, lucifer’s dimmercrap “judges”.
Usually state legislators sell out to lobbyists while in office and then become lobbyists themselves when they leave office. I guess Behn is just cutting out the middle man. Nothing says “rural and small town” like a federal super-pac lobbyist from Nashville.
I wonder if they fought this hard for the first amendment rights of tobacco companies to advertise their products to minors. Where is Hedy and the ACLU when you need them?