Abortion Law In Tennessee: 1972'S Story

Abortion laws in the United States have been a topic of much debate and contention, with varying legislation across different states. In Tennessee, abortion laws have undergone several changes over the years, with the state's abortion legislation coming under scrutiny. So, what was the situation with abortion laws in Tennessee in 1972?

Tennessee's abortion legislation and its lack of exceptions

Tennessee's abortion legislation is among the most restrictive in the United States. Abortion in Tennessee is illegal from the point of fertilization and provides no exceptions for rape, incest, or the health of the mother. The legislation also does not include any explicit exceptions for the pregnant patient's health. While it makes an exception for an "affirmative defense" in emergencies, the vagueness of what constitutes an emergency means that physicians are hesitant to provide abortions, even when the mother's life is at risk.

The lack of clear exceptions in Tennessee's abortion law has significant implications for pregnant individuals in the state. The law does not account for situations where a pregnancy may be the result of rape or incest, nor does it consider the health and well-being of the mother. This means that individuals who become pregnant due to sexual assault or who face medical complications during pregnancy have limited legal options for terminating their pregnancy within the state.

The absence of explicit health exceptions in Tennessee's abortion legislation is particularly notable. Typically, abortion laws include provisions that allow for termination when the physical or mental health of the pregnant patient is at risk. However, Tennessee's law does not explicitly mention the health of the mother as a valid reason for abortion. This omission has raised concerns among medical professionals, as they may be hesitant to provide abortions even in cases where continuing the pregnancy could pose a significant risk to the patient's health.

The lack of exceptions in Tennessee's abortion law stands in contrast to the policies of many other states and the previous protections provided by Roe v. Wade. Before the overturning of Roe v. Wade in 2022, federal law protected the right to abortion during the first trimester of pregnancy. However, with the removal of these federal protections, states like Tennessee have been able to implement more restrictive abortion legislation.

The impact of Tennessee's abortion law is far-reaching. The number of abortion clinics in the state has decreased over the years, and women seeking abortions may need to travel out of state to access these services. Additionally, the lack of exceptions in the law has led to legal challenges and protests from abortion rights advocates, who argue that the law violates the rights and endangers the health and safety of pregnant individuals.

The state's abortion ban and its trigger

Tennessee's abortion ban is a result of the state's trigger law, which came into effect following the overturning of Roe v. Wade in June 2022. This law makes abortion a Class C felony, punishable by a fine of up to $10,000 and up to 15 years in prison for physicians or anyone else who performs an abortion. The law includes an exception for abortions necessary to prevent death or "serious risk of substantial and irreversible impairment of a major bodily function". Even in these cases, physicians must be prepared to provide proof to avoid criminal prosecution.

The roots of Tennessee's abortion ban can be traced back to the state's constitution, which, in 2000, guaranteed greater protections for women seeking abortions than Roe v. Wade. This decision by the Tennessee Supreme Court struck down several abortion restrictions enacted by state lawmakers, including a 72-hour waiting period and a requirement for second-trimester abortions to be performed in a hospital. The court ruled that "a woman's right to terminate her pregnancy is a vital part of the right to privacy guaranteed by the Tennessee Constitution".

However, abortion opponents in the state, led by the nonprofit Tennessee Right to Life, pushed for a constitutional amendment to strip the right to abortion. In 2014, "Amendment 1" was approved by 53% of voters, removing the right to abortion from the state constitution. This opened the door for a flood of legislation imposing restrictions on abortion, such as waiting periods, required ultrasounds, and burial rules for fetal tissue. Tennessee also passed a six-week "heartbeat" abortion ban, which is currently being reviewed by the 6th Circuit Court of Appeals.

The state's trigger law, enacted by a Republican supermajority and signed into law by Gov. Bill Lee, was a key victory for abortion opponents. It is one of 13 states with similar laws, most of which were enacted during the Trump administration. The law took effect on August 25, 2022, 30 days after the overturning of Roe v. Wade, making abortion illegal in Tennessee from the point of fertilization with no exceptions for rape, incest, or the health of the mother.

The number of abortion clinics and abortions in Tennessee

Abortion laws in Tennessee have changed over the years, with the state's abortion legislation currently providing no explicit exceptions for the pregnant patient's health. The number of abortion clinics and abortions in Tennessee has also fluctuated. Here is an overview:

The Number of Abortion Clinics in Tennessee

In 1982, there were 128 abortion clinics in Tennessee. This number decreased to 33 by 1992, a decline of 47 clinics. The state continued to see a decrease in abortion clinics over the years, with seven clinics operating in 2014. That year, 96% of Tennessee's counties did not have an abortion clinic, and 63% of women aged 15-44 lived in a county without access to abortion services. By 2017, there were four Planned Parenthood clinics offering abortion services in the state.

The Number of Abortions in Tennessee

The number of abortions in Tennessee has also varied. In 2014, there were 12,373 legal abortions performed in the state, which decreased to 11,411 in 2015. In 2019, the most recent year for which data is available, more than 8,600 abortions were carried out in Tennessee, a decline from over 13,699 abortions in 2009.

Abortion Laws in Tennessee

It is important to note that abortion laws in Tennessee have undergone significant changes. In 2015, Tennessee established a mandatory 48-hour waiting period before obtaining an abortion. As of May 14, 2019, the state prohibited abortions after fetal viability, generally between weeks 24 and 28. Additionally, in 2020, Tennessee banned abortions due to a prenatal diagnosis of Down syndrome or the fetus's gender or race.

On August 25, 2022, abortion became illegal in Tennessee from the point of fertilization, with no exceptions for rape, incest, or the health of the mother. This ban includes an "affirmative defense" for emergencies, but the ambiguity of what constitutes an emergency makes physicians hesitant to perform abortions, even when the mother's life is at risk.

Tennessee's abortion-related court cases

In 2023, the Center for Reproductive Rights filed a lawsuit, Blackmon v. State of Tennessee, challenging the state's abortion ban as applied to pregnant people with emergent medical conditions. The case was brought on behalf of five plaintiffs: three Tennessee women denied medically necessary abortion care who faced severe and dangerous pregnancy complications, and two Tennessee physicians who were prevented from offering their patients the medically indicated treatment during obstetrical emergencies.

The lawsuit argued that the Medical Condition Exception, which created an exception to the ban if a physician determines that abortion is necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function, was too narrow and unclear for physicians to provide life-saving care without fear of criminal liability. The lawsuit also sought to clarify that the Exception allows physicians to provide abortion care in cases of fatal fetal diagnoses.

In January 2024, four additional women denied abortion care joined the case, bringing the total number of plaintiffs to nine.

In addition to Blackmon v. State of Tennessee, Tennessee's heartbeat bill and the Texas-style abortion ban have also been in court due to pro-abortion rights organizations suing the state.

The state's abortion-related protests

In 1972, the pro-life movement went on the offensive and campaigned for measures to rescind recently passed abortion legalization laws and tighten existing abortion restrictions. The media often portrayed the pro-life movement as a Catholic cause, but by 1972, that stereotype was already outdated. The movement included people of various faiths, such as Protestants, Orthodox Jews, and even atheists.

In New York, the state with the highest number of legal abortions, the polarization was especially acute. It had been a Republican legislator and Republican governor who had been chiefly responsible for the legalization of abortion in the state two years earlier, and many of New York’s Republicans—including Governor Nelson Rockefeller—were still strongly supportive of abortion rights. But it was also a Republican who was leading the charge to reverse their actions. Democrats were equally divided.

On Sunday, April 16, 1972, ten thousand people gathered in New York’s Central Park to protest New York’s liberal abortion law. In the wake of the Central Park protest, the New York state legislature voted to repeal New York’s liberal abortion law, but this was thwarted by Governor Rockefeller’s veto.

The size of the backlash against abortion legalization surprised many supporters of abortion rights. The pro-life movement had figured out a way to defy the international trend toward abortion legalization and defeat several efforts to liberalize state abortion laws. They changed their strategies and figured out how to win legislative battles.

In Tennessee, abortion-related protests have occurred in recent years, particularly following the leaked draft opinion overturning Roe v. Wade. Protests have taken place in Nashville, Knoxville, Memphis, and Johnson City. In 2024, a woman named Allie Phillips ran for a Tennessee House seat after being forced to leave the state to get an abortion for a non-viable pregnancy.

Frequently asked questions