by Ellen Newcomb, Program Assistant,
National Women's Law Center
On Monday, the women of Tennessee suffered a serious blow when the Tennessee House joined the Senate and voted to pass Senate Joint Resolution 127. The resolution would amend the Constitution of Tennessee to state, “Nothing in this constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.”
Fortunately, the resolution still has a long way to go before it becomes a constitutional amendment. Despite passing the state House and Senate during this legislative session, the resolution must also pass both chambers again in 2010 – but this time with a two-thirds majority – and be approved by voters in 2014 in order for the state’s constitution to be amended.
So while nothing is set in stone yet, this is certainly a dangerous step. The language in the proposed amendment is a response to the laudable 2000 Tennessee Supreme Court decision which threw out restrictions on abortion like waiting periods and informed consent laws because they violate Tennessee’s Constitution. Tennessee’s Constitution actually provides an independent right to privacy and greater protections for reproductive freedom than the US Constitution does. But anti-choice legislators are determined to restrict women’s right to choose. The language in the proposed amendment goes even further than allowing for restrictions on abortions; it opens the gate for Tennessee legislators to pass laws banning abortion altogether, even in cases of rape, incest or when the pregnancy poses a threat to the life of the mother.
We here at NWLC will be watching this proposed amendment when it comes up in next year’s session and will let you know of updates as we hear of them. And if you live in Tennessee, I encourage you to email your local state senators and representatives to let them know you disapprove of SJR 127.
