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Federal appeals court upholds block on part of Tennessee abortion trafficking law
A federal appeals court on Thursday upheld a block on a portion of a Tennessee law that made it illegal for someone to recruit a minor across state lines for an abortion without her parents’ permission.
The Sixth Circuit Court of Appeals upheld a block on a provision of a Tennessee law that made it a felony to 'recruit' a minor for an out-of-state abortion.
The plaintiffs challenging the law, Rep. Aftyn Behn and Rachel Welty, argued that the provision violated their right to free speech.
In 2025, a judge blocked that portion of the state law. The state then appealed.
The appeals court upheld the 2025 ruling.
In 2024, Rep. Aftyn Behn and family law attorney Rachel Welty filed a lawsuit against a Tennessee law that prohibits the abortion trafficking of minors. The duo, who refer to themselves as "abortion advocates," argued that a portion of the law violated their First Amendment right to free speech, as they felt it prevented them from "counseling" pregnant minors about how to obtain abortions across state lines without parental permission.
In July 2025, Judge Julia Gibbons from the Sixth Circuit Court overturned that portion of the state's law, striking the provision that made it a felony for anyone to “recruit” a minor across state lines for an abortion without parental consent. Gibbons ruled that a prohibition on "recruitment" was a violation of the right to free speech.
The law’s other provisions, which make it illegal to transport a minor out of state for an abortion, remained.
Tennessee Attorney General Jonathan Skrmetti then appealed that ruling.
In a 2-1 September 24 ruling, the three-judge panel of the Sixth Circuit Court of Appeals upheld Gibbons' ruling. Judge Jane Stranch said the state's law “criminalizes speech that encourages a minor to get an abortion yet is silent on speech encouraging a minor to carry a pregnancy to term with or without parental involvement.”
She also said the state had “no compelling interest in shielding its citizens from information about activities outside its borders.”
“The Recruitment Provision goes further than regulating the content of Welty’s and Behn’s protected speech," Stranch wrote. “It also restricts what opinions or perspectives they may express.”
One of the law's supporters, Rep. Jason Zachary, previously commented that the lawsuit challenging the law was 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.”
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
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Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
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·Federal appeals court upholds block on part of Tennessee abortion trafficking law
A federal appeals court on Thursday upheld a block on a portion of a Tennessee law that made it illegal for someone to recruit a minor across state lines for an abortion without her parents’ permission.
The Sixth Circuit Court of Appeals upheld a block on a provision of a Tennessee law that made it a felony to 'recruit' a minor for an out-of-state abortion.
The plaintiffs challenging the law, Rep. Aftyn Behn and Rachel Welty, argued that the provision violated their right to free speech.
In 2025, a judge blocked that portion of the state law. The state then appealed.
The appeals court upheld the 2025 ruling.
In 2024, Rep. Aftyn Behn and family law attorney Rachel Welty filed a lawsuit against a Tennessee law that prohibits the abortion trafficking of minors. The duo, who refer to themselves as "abortion advocates," argued that a portion of the law violated their First Amendment right to free speech, as they felt it prevented them from "counseling" pregnant minors about how to obtain abortions across state lines without parental permission.
In July 2025, Judge Julia Gibbons from the Sixth Circuit Court overturned that portion of the state's law, striking the provision that made it a felony for anyone to “recruit” a minor across state lines for an abortion without parental consent. Gibbons ruled that a prohibition on "recruitment" was a violation of the right to free speech.
The law’s other provisions, which make it illegal to transport a minor out of state for an abortion, remained.
Tennessee Attorney General Jonathan Skrmetti then appealed that ruling.
In a 2-1 September 24 ruling, the three-judge panel of the Sixth Circuit Court of Appeals upheld Gibbons' ruling. Judge Jane Stranch said the state's law “criminalizes speech that encourages a minor to get an abortion yet is silent on speech encouraging a minor to carry a pregnancy to term with or without parental involvement.”
She also said the state had “no compelling interest in shielding its citizens from information about activities outside its borders.”
“The Recruitment Provision goes further than regulating the content of Welty’s and Behn’s protected speech," Stranch wrote. “It also restricts what opinions or perspectives they may express.”
One of the law's supporters, Rep. Jason Zachary, previously commented that the lawsuit challenging the law was 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.”
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
Isabella Childs
·Politics
Cassy Cooke
·Politics
Cassy Cooke
·Politics
Nancy Flanders
·Guest Column
Rebecca Oas, Ph.D.
·Politics
Nancy Flanders
·Politics
Bridget Sielicki
·Investigative
Bridget Sielicki
·Activism
Bridget Sielicki
·Issues
Bridget Sielicki
·International
Bridget Sielicki
·Abortion is a settled issue in TN. We have prohibited the elective killing of a baby in the womb. We do have an exception for the life of the mother. The law in question is about parental rights, period. The language prohibits an adult who is not the parent/guardian of a minor Show more
