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Tennessee appeals judge’s decision to block law making it a crime to aid minors get an abortion

The Fred D. Thompson federal courthouse, where Kilmar Abrego Garcia is set to be arraigned.
John Partipilo
/
Tennessee Lookout
The Fred D. Thompson federal courthouse, where Kilmar Abrego Garcia is set to be arraigned.

Tennessee is appealing an order by a federal judge that permanently blocked a portion of state law that made it a crime to help minors obtain an out-of-state abortion.

The so-called 2024 “abortion trafficking of a minor” law created a misdemeanor offense for an adult who “intentionally recruits, harbors, or transports a pregnant unemancipated minor” for an abortion or to obtain abortion-inducing drugs for a minor. The law does not apply to parents, guardians and those with their written permission.

The law was challenged in July 2024 by state Rep. Aftyn Behn, a Nashville Democrat and social worker, who has publicly advocated for abortion rights, and Rachel Welty, a Nashville attorney who describes herself as an “advocate for safe and healthy access to abortion care.”

In July, Senior United States Circuit Judge Julia Gibbons issued a decision permanently enjoining the recruitment portion of the law. Gibbons concluded it was a clear violation of First Amendment rights, noting in her decision that the law criminalizes only one side of speech about abortion.

Tennessee is appealing an order by a federal judge that permanently blocked a portion of state law that made it a crime to help minors obtain an out-of-state abortion.

The so-called 2024 “abortion trafficking of a minor” law created a misdemeanor offense for an adult who “intentionally recruits, harbors, or transports a pregnant unemancipated minor” for an abortion or to obtain abortion-inducing drugs for a minor. The law does not apply to parents, guardians and those with their written permission.

The law was challenged in July 2024 by state Rep. Aftyn Behn, a Nashville Democrat and social worker, who has publicly advocated for abortion rights, and Rachel Welty, a Nashville attorney who describes herself as an “advocate for safe and healthy access to abortion care.”

In July, Senior United States Circuit Judge Julia Gibbons issued a decision permanently enjoining the recruitment portion of the law. Gibbons concluded it was a clear violation of First Amendment rights, noting in her decision that the law criminalizes only one side of speech about abortion.

This story was originally published by the Tennessee Lookout.

Anita Wadhwani is a senior reporter for the Tennessee Lookout. The Tennessee AP Broadcasters and Media (TAPME) named her Journalist of the Year in 2019 as well as giving her the Malcolm Law Award for Investigative Journalism. Wadhwani is formerly an investigative reporter with The Tennessean who focused on the impact of public policies on the people and places across Tennessee. She is a graduate of Columbia University in New York and the University of California at Berkeley School of Journalism. Wadhwani lives in Nashville with her partner and two children.
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