Tennessee Republican files 'abortion trafficking' bill for pregnant minors

A Tennessee Republican hopes to establish an "abortion trafficking" felony for adults who help pregnant minors get an out-of-state abortion without parental permission, an effort reproductive health advocates argue will run afoul of constitutional rights such as interstate travel.

Rep. Jason Zachary, R-Knoxville, filed House Bill 1895 on Monday. The legislation would establish a new Class C felony, which could carry three to 15 years in prison, for an adult that "recruits, harbors or transports" a pregnant minor for the purposes of receiving an out-of-state abortion or for getting abortion medication.

Parents or legal guardians are exempt and would be allowed to take their pregnant child out of state. However, if another adult helps a pregnant minor obtain an abortion, the minor's consent doesn't matter.

The legislation would also open up adults charged under the law to civil liability, allowing the biological mother or her parents to sue the adult who facilitated the abortion. The biological father could also sue, unless the pregnancy resulted from rape or incest as defined in Tennessee criminal code.

The bill mirrors a slew of similar bills around the country in what reproductive health advocates have long warned is the new battleground for anti-abortion activists in the wake of the 2021 Dobbs decision, which overturned the constitutional right to abortion access. A similar law in Idaho was recently blocked temporarily by a federal judge amid an ongoing lawsuit.

One of the key legal arguments in based on the Fourth Amendment right of interstate travel, which was cited by the federal judge in Idaho's case. In the 2021 Dobbs decision, U.S. Supreme Court Justice Brett Kavanaugh concurred with the majority opinion but also wrote that one state cannot “bar a resident of that State from traveling to another state to obtain an abortion…based on the constitutional right to interstate travel.”

When asked about those constitutional concerns, Zachary praised Tennessee's abortion ban.

"There are those who are trying to find ways to circumvent the law in an effort to facilitate abortions for minors," Zachary said. "This legislation has been drafted to address challenges to similar laws in other states but most importantly, it will protect vulnerable minors from those who wish to facilitate the abortion of the minor’s baby without the parent’s knowledge."

Zachary's bill is early in the legislative process, and the legislation needs a Senate sponsor before it could advance further. If it were to pass, it would almost certainly invite a legal challenge.

Rep. Aftyn Behn, D-Nashville, sharply criticized the legislation, citing recent polling that shows Republican lawmakers are at odds with the vast majority of Tennesseans when it comes to abortion access.

"The bill is an insult to actual trafficking survivors and does nothing but make it harder for young people to access abortion," Behn said. "The exception for rape would be impossible to access and would create a system where young survivors of abuse could face harassment through the legal process."

Behn said this is a "known tactic" of abusers.

"Additionally, interstate travel and commerce are federally protected/only allowed to be changed by Congress, and this bill is designed to test the boundaries of what the courts will allow," she said.Tennessee has banned abortions in almost all circumstances, and the state is currently fighting a lawsuit filed by multiple women who say they were forced to travel out of state for medically necessary abortions.

In a statement, the CEO of Planned Parenthood of Tennessee and North Mississippi called the proposed bill a "reprehensible" effort to "police people trying to access legal care in other states."

“Most minors involve a parent in their decision to get an abortion," Ashley Coffield said. "But for young people living in abusive households, disclosing sexual activity or pregnancy can trigger physical or emotional abuse, including direct physical or sexual violence, or being thrown out of the home. This bill makes criminals out of trusted adults, including other family members, who can help in these circumstances.”

Reach Melissa Brown at mabrown@tennessean.com.

This article originally appeared on Nashville Tennessean: Tennessee Republican files 'abortion trafficking' bill for pregnant minors