Tennessee activists can still help minors, but it remains tentative victory
A state law forbade communicating with minors about how to get abortions out of state. After it was challenged, a judge issued an injunction. But will it last?
Tennessee abortion rights activists can still tell teenagers how to get reproductive care out of state after a federal judge blocked a law that forbade communication about how to do so.
U.S. District Judge Aleta Trauger struck down the law after a Tennesee lawyer and lawmaker challenged the antiabortion law because it violated their First Amendment rights. Attorney Rachel Welty and Rep. Aftyn Behn filed the complaint in July. But the victory still has to be finalized as the judge who ruled in their favor has recused herself from the case before it has been finalized.
The law in question seeks to impose penalties on anyone who helps a minor get an abortion. Behn and Welty had to testify in federal court the last week of August. The judge asked questions about the bill’s intentions. Then, the judge ruled in their favor.
“What that means is now abortion funds can speak freely about abortion without fear of being further scrutinized,” Behn said. “And I think it'll have a ripple across the country.”
Welty is an abortion rights activist who has helped distribute information to young women on the matter. Most of her advocacy is focused on the middle Tennessee area. Behn is a representative in the 51st District of Tennessee, which includes Nashville. She had also been an advocate for minor rights when it came to abortion access. She contended in the complaint that the antiabortion law chilled her speech as an elected official.
One of the central legal points in their complaint was that the word “recruit” was too vague to enforce. It could potentially have a range of meanings. Does that prevent the discussion of out-of-state abortion care? That was the central question at issue for the two plaintiffs.
Rep. Behn had a tweet about the vague and extreme law that came under fire on the House floor earlier this year. When responding to a request from a conservative colleague to clarify which actions the law would criminalize, bill sponsor Representative Jason Zachary read Behn’s tweet in its entirety, alleging that the tweet violated the law.
In a recent development, the lawyer for Behn and Welty filed a motion in a different unrelated case that sought to get the same judge to recuse herself. Because of legal rules, Trauger also had to recuse herself from this case. A new judge has been assigned to the case.
“It's a little bit up in the air and a bit more tenuous than the final outcome was a few weeks ago,” Behn said.