Dr. Amy Gordon Bono, a primary care physician, speaking in August 2022 outside the Tennessee Capitol on Wednesday about the state’s “trigger law” that bans abortions. (Photo: John Partipilo)
The fight over Tennessee’s strict abortion law is set to start this week in a House subcommittee slated to hear legislation removing the “affirmative defense” for physicians who perform an abortion to save the life of a mother.
State Rep. Esther Helton-Haynes, R-East Ridge, is sponsoring House Bill 883, which will be designed to clear up confusion and enable doctors to make decisions without the threat of prosecution. Doctors can be charged with a felony for performing an abortion under the “trigger” law that took effect last August after the U.S. Supreme Court overturned Roe v. Wade and sent abortion decisions back to states.
“Right now it’s affirmative defense, and there needs to be an exception for the life of the mother,” Helton-Haynes told the Tennessee Lookout. “I believe moms matter. Oftentimes they have babies at home, other children at home that need them, and that’s why I’m carrying the bill.”
The measure could pit Helton-Haynes against Tennessee Right to Life, which was waiting Monday morning to see the legislation’s language. The group opposes a “subjective” decision by physicians to perform an abortion to save a woman’s life but could agree to language that makes those decisions “objective.”
Helton-Haynes, however, said, “I think that’s difficult if a mother’s hemorrhaging, to be objective.” Right to Life wants more diagnostic testing, but sometimes the doctor needs to know what to do and “take care of it,” she said.
The Attorney General’s Office is helping her craft the language in House Bill 883 to make sure it’s constitutionally sound. Republican Sen. Richard Briggs of Knoxville is sponsoring the Senate version.
The Tennessee Medical Association is making HB883 its first initiative for the legislation session. The measure clarifies exceptions to criminal abortion when the life or health of the mother are in danger, including for common procedures such as ectopic pregnancies as well as ending a pregnancy in which a “non-survivable fetal anomaly is diagnosed,” in addition to providing immunity for pharmacists who dispense drugs for inducing abortions, according to a memo from the association.
Right now it’s affirmative defense, and there needs to be an exception for the life of the mother. . . I think that's difficult if a mother's hemorrhaging, to be objective.
– Rep. Esther Helton-Haynes, R-East Ridge
The Tennessee Medical Association is encouraging its members to show support for the bill by wearing their white coats and attending Tuesday’s meeting to “convey a “powerful message” to the Legislature.
Briggs, a physician, has been saying for months that the law needs to be clarified so doctors will be able to follow their professional oath and save the life of a pregnant woman without worrying about prosecution. He has acknowledged he didn’t understand the legislation when it passed four years ago and didn’t think the Supreme Court would overturn Roe v. Wade.
While it has HB883 on its radar, Tennessee Right to Life is going after lawmakers trying to change the state’s abortion law to provide exceptions for rape, incest and to save the life of the mother in dangerous pregnancies.
Will Brewer, counsel for Tennessee Right to Life, confirmed that the group opposes a “subjective” decision by a physician to perform an abortion when a mother is going through a dangerous pregnancy, though it could support an “objective” decision.
The anti-abortion group is sending emails to constituents encouraging them to challenge legislation that dials back restrictions that took effect in August 2022.
“The Human Life Protection Act is one of the strongest laws in the nation to protect unborn children and is working as legislators intended when they passed it in 2019,” the Tennessee Right to Life email says. Yet the law is “now under attack,” the missive continues.
Co-sponsors added their names to legislation last week allowing for abortions in cases of rape and incest and to remove “affirmative defense” from cases involving the life of the mother in which doctors could face felony charges for performing an abortion for saving a woman’s life.
While talks are under way on some legislation, Brewer said Tennessee Right to Life will not support Senate Bill 857 by Sen. Ferrell Haile and House Bill 1440 by Rep. Iris Rudder, which exempts cases of rape and incest from the offense of criminal abortion.
Despite the addition of sponsors, Brewer said, “I don’t think they have enough momentum to change it, so I don’t think it’s a done deal.”
The group also objects to weakening the affirmative defense portion of the law, though it has been working with lawmakers to come up with a “clarifying” measure, according to Brewer, and that remains the “preferred path.”
Helton-Haynes also is sponsoring HB778, which would limit criminal abortions to “elective” procedures and define those as not medically necessary to prevent the death or serious injury to a pregnant woman. It is sponsored in the Senate by Senate Republican Caucus Chairman Ken Yager of Kingston.
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