A federal judge has issued a temporary injunction against Tennessee’s controversial law that criminalizes adults from assisting minors in obtaining abortions without parental consent. The ruling, delivered by U.S. District Judge Aleta Trauger on September 20, 2024, emphasizes the importance of free communication regarding legal abortion options, even in a state that has enacted strict abortion bans.
Judge Trauger stated that the state cannot “make it a crime to communicate freely” about legal abortion options, highlighting the implications of such restrictions on First Amendment rights. The law, which was set to take effect on July 1, 2024, will now be paused as legal challenges continue to unfold in court.
In her ruling, Trauger criticized the Tennessee General Assembly for its approach to what it termed “abortion trafficking,” asserting that the law disregards the best interests of pregnant minors. She noted, “The Tennessee General Assembly apparently determined that, when the topic at hand is ‘abortion trafficking,’ the best interests of the pregnant child are not merely a secondary consideration but unworthy of particularized consideration at all.”
The law was passed by Tennessee’s Republican-controlled Legislature and signed into law by GOP Governor Bill Lee earlier this year. It criminalizes any adult who “intentionally recruits, harbors, or transports” a pregnant minor within the state to obtain an abortion without parental consent. Violators could face Class A misdemeanor charges, which carry penalties of nearly one year in jail.
Notably, the law does not include exemptions for minors who may have been victims of incest or sexual assault. Critics have pointed out that this omission places vulnerable minors at further risk and complicates their access to necessary healthcare.
The legal challenge to this law was initiated by Democratic state Representative Aftyn Behn and Nashville attorney Rachel Welty, coinciding with the second anniversary of the U.S. Supreme Court’s decision to overturn Roe v. Wade. They argued that the law was “unconstitutionally vague,” particularly criticizing the undefined term “recruits.”
Judge Trauger supported their argument, stating that the law imposes significant First Amendment restrictions. She emphasized that freedom of speech is a fundamental right that should be protected for all individuals, not just select groups.
Behn described Friday’s ruling as a “monumental victory” for free speech and access to abortion services. “This ruling doesn’t just protect Tennesseans — it safeguards the freedom to discuss abortion care across state lines,” she stated. “It ensures that we can continue to offer support, share accurate information, and stand up for the rights of those seeking essential healthcare everywhere.”
As it stands, abortions are banned in Tennessee at all stages of pregnancy, with limited exceptions for medical emergencies such as ectopic pregnancies or conditions threatening the mother’s life. Medical professionals are required to use their judgment when determining whether performing an abortion is necessary to save a life or prevent serious injury.