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Legislators Announce Pro-Life Constitutional Amendment
Resolution Seeks Restoration of Waiting Period, Consent Provisions

March 10, 2001—Nashville, TN: A coalition of state legislators and pro-life organizations led by Tennessee Right to Life have announced support for an amendment to the Tennessee Constitution that would enable citizens of Tennessee to restore protective laws struck down by the Tennessee Supreme Court last fall.

The action comes as a result of a controversial ruling last September in Planned Parenthood of Middle Tennessee v. Sundquist in which the state’s highest court struck down popularly supported statutes regulating abortion in Tennessee. In a 4-1 decision, the Court ruled that the Tennessee Constitution provides a “fundamental right to abortion.”

The Court further held that this newly discovered “right” was even broader than the federal right to abortion affirmed by the United State Supreme Court in Roe v. Wade.  According to Brian Harris, president of Tennessee Right to Life, the Court’s actions had the effect of removing the power of the people to pass even basic protections such as the waiting period or requiring doctors to inform women about the procedure.

Senator David Fowler (R-Signal Mountain) is the primary sponsor of the legislation in the state senate.

“There has been much talk in recent years about the right of the people to vote to amend the state Constitution,” said Sen. Fowler.  “Only the people can amend the Constitution and the majority of the Court usurped that right by its decision.  It is only right that the people should have an opportunity to decide whether they want to accept or reject that court-made amendment and whether they think that reasonable protections for the woman and her child should be in place,” Fowler continued.

Representative Jamie Hagood (R-Knoxville) is the House sponsor.  “I believe the people should have a say in the matter of abortion,” said Rep. Hagood.  “Four judges on the state Supreme Court have silenced our citizens on this issue and have effectively made any meaningful compromise on this issue all but impossible.”

The amendment reads as follows:

Senate Joint Resolution 110
Any right to an abortion in Tennessee shall only be such as is protected under the United States Constitution as interpreted by the United States Supreme Court, from time to time. Nothing in this Constitution shall be interpreted to require that any state funds be appropriated by the state to fund or pay for any abortion.

The amendment was filed on Tuesday, March 6 following a press conference coordinated by Tennessee Right to Life.  SJR 110 will be brought up first in the State Senate and upon passage will be sent to the House of Representatives for action.  Pro-life Tennesseans should contact their Senator and Representative immediately and urge others to do so as well.

Click here for a questions and answers page concerning Tennessee abortion law and SJR 110.

For your reference, below are listed the Senators and Representatives who are serving as Co-Sponsors for SJR 110. If your legislators are listed below, please contact them and thank them. If not, contact them and ask them to co-sponsor. Contact information is available at www.legislature.state.tn.us or call TRL at 1-877-CHOOSE LIFE for more info.

 

 

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