
A federal judge has temporarily blocked a controversial Tennessee law that restricts abortion information to minors.
At a Glance
- A federal judge temporarily blocked Tennessee from enforcing a law banning adults from helping minors get an abortion without parental permission.
- U.S. District Judge Aleta Trauger argued that the state cannot criminalize communication about legal abortion options.
- The law will be on hold as the case proceeds through court.
- Tennessee’s law made it illegal for adults to assist minors in obtaining an abortion without parental consent, with violators facing a Class A misdemeanor.
Federal Judge Blocks Tennessee Law Restricting Abortion Information to Minors
U.S. District Judge Aleta Trauger has issued a temporary injunction against a newly introduced Tennessee law that restricts adults from assisting minors in obtaining abortions without parental consent. The law, enforced starting July 1, included penalties of nearly a year in jail for violators. The judge’s ruling is a significant development in ongoing legal battles over abortion legislation, particularly in the aftermath of the Supreme Court’s reversal of Roe v. Wade.
Judge Trauger argued that the law violates the First Amendment’s free speech protections by criminalizing even the discussion of legal abortion services. Democratic Rep. Aftyn Behn and attorney Rachel Welty filed a lawsuit challenging the law, which does not make exemptions for minors who have been raped by their parents or guardians. Behn called the ruling a “monumental victory” for free speech and abortion rights.
First Amendment Violations
Judge Trauger highlighted First Amendment concerns, stating that the free exchange of information about legal medical options cannot be criminalized by the state. “The freedom of speech guaranteed by the First Amendment is not simply a special protection that the Constitution grants to a few, high-profile speakers so that those speakers can hear themselves talk; it is a protection available to everyone, for the interconnected benefit of everyone, because messages do not gain their fullest power by being uttered, but by being spread,” she emphasized.
The Attorney General’s office did not immediately comment on the ruling, while the law’s supporters argue that it was designed to protect parental rights. The law was passed by Tennessee’s Republican-controlled Legislature and signed by GOP Governor Bill Lee. It criminalizes adults who “intentionally recruit, harbor, or transport” a pregnant minor to obtain an abortion without parental consent.
Comparison with Other States
This Tennessee law is similar to Idaho’s “abortion trafficking” law, which is also currently blocked by a federal judge. Both laws are part of a broader effort by various states to impose more stringent restrictions on abortion following the Supreme Court ruling. The legal battles highlight ongoing debates about the balance between state regulations on abortion and constitutionally protected rights.
“The Tennessee General Assembly apparently determined that, when the topic at hand is ‘abortion trafficking,’ the best interests of the pregnant child are not merely a secondary consideration, but unworthy of particularized consideration at all,” Judge Trauger noted in her ruling.
As the battle progresses through the courts, the temporary injunction ensures that adults can legally discuss abortion services with minors without fear of criminal prosecution. Behn and other advocates see this as a pivotal moment for maintaining free speech in the context of medical information and the ongoing fight for reproductive rights.
Sources:
- Helping a minor travel for an abortion? Some states have made it a crime
- Tennessee governor signs bill penalizing adults who help minors get abortions