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Abortion Tennessee
FILE - An abortion-rights demonstrator holds a sign during a rally, May 14, 2022, in Chattanooga, Tenn. Rep. Aftyn Behn and Nashville attorney Rachel Welty filed a lawsuit Monday, June 24, 2024, challenging a state statute banning adults from helping minors get an abortion without parental permission. (AP Photo/Ben Margot, File)

Tennessee is sued over law that criminalizes helping minors get abortions without parental approval

A Tennessee state Democratic lawmaker and reproductive rights activist have filed a lawsuit challenging a new statute designed to ban adults from helping minors get an abortion without parental permission

By Kimberlee Kruesi
Published - Jun 24, 2024, 06:28 PM ET
Last Updated - Jun 24, 2024, 06:28 PM EDT

NASHVILLE, Tenn. (AP) — As Tennessee prepares to become the second U.S. state to enact a ban against adults helping minors get an abortion without parental permission, a state Democratic lawmaker and reproductive rights activist on Monday filed a legal challenge alleging the statute is unconstitutional.

The complaint filed in federal court came on the second anniversary of the Supreme Court’s decision overturning Roe v. Wade, the 1973 decision that had guaranteed a constitutional right to abortion. The lawsuit was filed on behalf of Democratic Rep. Aftyn Behn and Nashville attorney Rachel Welty.

“Two years ago today, I vowed to aid and abet abortion always, to not give up despite the overturn of Roe v. Wade, and to fight," Welty, a longtime abortion access advocate, said in a statement. “I need to stand up for other advocates around the state who should not have to live in fear of civil or criminal penalties for disseminating information about routine healthcare.”

Earlier this year, Tennessee's GOP-controlled Statehouse signed off on a proposal making it illegal for an adult who “intentionally recruits, harbors, or transports” a pregnant minor within the state to get an abortion without consent from the minor’s parents or guardians. Those convicted of breaking the law would be charged with a Class A misdemeanor, which requires a nearly one-year jail sentence.

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