Questions and Answers Regarding
Tennessee Abortion Law and SJR 110

What is the current abortion law in Tennessee? Although Tennessee has historically been on the forefront in the passage of protective, pro-life legislation, the TN Supreme Court stripped away many of these protections with its finding of a fundamental right to abortion in our state Constitution on September 15, 2000. As a result the abortion policy in Tennessee is basically 'abortion on demand' until viability.

The protective laws remaining to be enforced include a one parent consent requirement for minors seeking abortions and a provision in the state budget which prohibits the use of TennCare dollars for abortion except in the cases of rape, incest or to protect the life of the mother. (The language does not address the possible use of state staff or facilities for abortion, or the subsidy of state employee health plans which include abortion.) Neither parental consent nor abortion funding were challenged in Planned Parenthood v. Sundquist. Other protective laws including informed consent, hospitalization requirements for second term abortions, waiting periods, clinic regulation, partial-birth abortion bans and others are likely to be ruled unconstitutional under the Court's decision last September. 

Why is a constitutional amendment necessary? Because the Tennessee Supreme Court ruled that the Tennessee Constitution provides a fundamental right to abortion, any laws which are interpreted to impact on a "fundamental" right must be very narrowly written as to avoid infringing on the protected right. 

As Justice Barker pointed out in his dissent, only by amending the constitution can pro-life Tennesseans hope to positively influence public policy again. (See dissent, p. 6 ).

What does our amendment say? SJR 110 was drafted by a group of pro-life constitutional attorneys in Tennessee. Since that time it has been reviewed by some of the most respected and experienced pro-life attorneys and organizations in the nation. It does not seek to criminalize abortion nor does it prohibit the funding of abortion in Tennessee. Instead it nullifies the TN Supreme Court's ruling and returns the regulation and funding of abortion to the Legislature where the people of Tennessee can make known their collective will. 

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.

How does the amendment process work? In order to successfully amend the state constitution we must introduce a resolution and then receive a simple majority of votes in both houses during any given two year session of the Legislature. The same resolution must then be reintroduced and passed by a 2/3 majority of legislators seated during the successive legislative session. Finally, after passing two sessions of the Legislature the language is placed on the ballot for voter approval during the next gubernatorial race in 2006. 

How many votes do we have? As of March 7, the proposed amendment enjoys the support of 16 co-sponsors in the Senate and 40 co-sponsors in the House. More legislators have pledged their vote but have not signed on as co-sponsors. With this in mind, it is especially critical that pro-life Tennesseans contact their state representative and state senator and urge their support for this resolution. Contact information is available at www.legislature.state.tn.us or call TRL at 1-877-CHOOSE LIFE for more info.

What can an individual do to support the amendment effort? At the very least, every Tennessean should contact their legislators and ask for a written response which makes clear their position on the amendment resolution. Beyond that, pro-lifers must inform other voters (friends, family, co-workers, church members) and ask them to contact their legislators. You may also request additional copies of this paper for distribution or contact your local Right to Life chapter for other opportunities to become involved. Finally, pro-abortion forces have immense financial resources at their disposal—we do not.

The financial support of every pro-life Tennessean will be necessary to see this effort through to completion. Please consider making a sacrificial gift toward the passage of this amendment. Call TRL at 1-877-CHOOSE LIFE for more info.

Can we succeed? While there are no guarantees, one thing is certain: if we do nothing, a growing number of unborn children will needlessly die. The debate over this amendment is an opportunity for us to educate our legislators and our communities on the practice of abortion. It demonstrates the truly radical agenda of the pro-abortion movement which accepts no limits on when, where or why an abortion is performed in Tennessee.