Tennessee lawmakers create offense of ‘abortion trafficking’

NASHVILLE, Tenn. (WKRN) — Tennessee lawmakers have passed a bill that would criminalize people who transport minors outside of the state if they need an abortion.

HB1895 by Rep. Jason Zachary (R-Knoxville) would make it a Class A misdemeanor if an adult “intentionally recruits, harbors, or transports a pregnant unemancipated minor” anywhere within the state for the purpose of obtaining a “criminal abortion” or for obtaining an abortion-inducing drug for that minor.

Additionally, the bill would allow civil actions to be brought against someone who does so “on behalf of the unborn child” by either the biological mother or father of the unborn child, as well as the parent or legal guardian of the minor.

TN lawmaker proposes ‘abortion trafficking’ bill

There is an exception for civil damages if the biological father of the unborn child caused the pregnancy through rape or incest included in the bill.

There are also exceptions for the “medical diagnosis or consultation regarding pregnancy care” or for someone calling for an ambulance in a medical emergency.

According to an amended version of the bill, someone would also be exempt from the proposed consequences of the law if they have the “written, notarized consent” of the minor’s parent or guardian or if they were a rideshare driver with no knowledge of the situation or an ambulance driver.

The controversial measure was vehemently opposed by all Democrats, who attempted multiple amendments to negate the bill’s provisions or provide more exceptions to the bill. All attempted amendments failed on party lines during the Tuesday, April 23, session of the House.

During floor debate Zachary said the measure “protects parental rights” when it comes to abortion, citing the fall of Roe v. Wade in 2022 and praising the “17,000 babies” that have been saved in Tennessee since the court case was overturned.

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He gave an impassioned argument for the measure, stating Missourians were “recruiting” minors to abort their babies in the “Show-Me” state if they cannot receive an abortion in their state, which he said he couldn’t believe was happening.

“A few years ago we would’ve thought it ludicrous that adults would be taking children across state lines to get abortions at their most vulnerable time, that they’d be taking children across state lines to transition their gender,” he said. “Those kind of things are completely out of bounds.”

Zachary asserted that the “recruitment and transportation” of minors to receive abortions was “happening in our state,” detailing how he was “directly involved” in one such situation. In that situation, Zachary said he did “everything I could” to attempt to intervene in the situation—even going so far as to contact Gov. Bill Lee to see if there was a way he could stop a friend’s daughter from being taken across state lines to receive an abortion.

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“We in the state of Tennessee can take a step to stop it with this particular piece of legislation,” he said. “This protects the minor, and it protects the child they’re carrying.”

The bill ultimately passed both chambers on party lines, sending it to the governor’s desk for his signature.

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