A federal judge from the Sixth Circuit Court has struck down a portion of an abortion trafficking law in Tennessee on the basis that it violates the First Amendment right to free speech.
Key Takeaways:
- Judge Julia Gibbons permanently blocked a portion of a state law that makes it illegal for someone to recruit a minor across state lines for an abortion without her parents’ permission.
- Gibbons ruled that the provision violates free speech rights.
The Details:
Sixth Circuit Court Judge Julia Gibbons issued her ruling on July 18, striking down a provision of a Tennessee law that makes it a felony for anyone to “recruit” a minor across state lines for an abortion without parental consent. The law’s other provisions, which make it illegal to transport a minor out of state for an abortion, stand.
Gibbons’ ruling solely took issue with the word “recruitment,” as she stated that it “prohibits speech encouraging lawful abortion while allowing speech discouraging lawful abortion.”
“That is impermissible viewpoint discrimination, which the First Amendment rarely tolerates — and does not tolerate here,” she wrote in her opinion.
She stated that “public advocacy, information sharing and counseling,” can continue in the state for Tennessee residents to learn about abortion options out of state, and that the information can be freely given to minors.
“Because abortion is generally illegal in Tennessee, the state may constitutionally punish speech made in direct furtherance of in-state abortions… The state may not, however, criminalize speech recruiting a minor to procure a legal abortion in another state,” she said. “Tennessee cannot criminalize ‘disseminating information about an activity that is legal in another state.’”
The Backstory:
The court’s ruling stems from a lawsuit filed against the law in June 2024 by Democratic State Rep. Aftyn Behn and family law attorney Rachel Welty, who both call themselves “advocates of abortion rights in Tennessee.” The duo said they sought to “counsel pregnant, unemancipated minors” to get abortions out of state, but were afraid to do so due to the “recruitment” law.
In September 2024, U.S. District Court Judge Aleta Trauger issued a temporary injunction against the “recruitment” portion of the law, which means it has not been enforced.
The Bottom Line:
Attorney General Jonathan Skrmetti, who defended the law on behalf of the state, has not yet issued a statement about the ruling. But Rep. Jason Zachary, a supporter of the law, previously blasted the lawsuit as an attack on parental rights.
“The law in question is about parental rights, period,” he said on X. “The language prohibits an adult who is not the parent/guardian of a minor from facilitating an abortion for that minor without the parent’s consent. This is common sense. Unfortunately, the radical left’s obsession with aborting babies led to this legal challenge.”
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