Tennessee GOP advance new narrow abortion exemption bill

Mar 15, 2023, 4:18 PM
FILE - Abortion-rights demonstrator holds a sign during a rally on May 14, 2022, in Chattanooga, Te...
FILE - Abortion-rights demonstrator holds a sign during a rally on May 14, 2022, in Chattanooga, Tenn. Tennessee’s GOP-dominant Statehouse on Tuesday, Feb. 14, 2023, took a first step toward loosening one of the strictest abortion bans in the country, advancing a narrow exemption bill over threats from anti-abortion advocates that doing so would come with political retribution. (AP Photo/Ben Margot, File)
Credit: ASSOCIATED PRESS
(AP Photo/Ben Margot, File)

NASHVILLE, Tenn. (AP) — Tennessee Republican lawmakers on Wednesday took another swing at adding a narrow exemption to one of the strictest abortion bans in the United States.

Nearly a month ago, a Republican legislative panel defied political threats made by the state’s influential anti-abortion lobbying group and advanced legislation clarifying situations where abortion could be allowed in Tennessee.

However, despite the committee’s endorsement, the legislation was almost immediately considered doomed inside the GOP-dominant Statehouse, owing to the reluctance of the members to support efforts to loosen the strict abortion ban.

After weeks of political negotiating, Tennessee Right to Life announced on Monday they would support a newly crafted proposal that’s even much more narrowly focused than the original version. The House Health Committee then advanced the proposal Wednesday.

Currently, Tennessee has no explicit exemptions in its abortion ban. Instead the law includes an “affirmative defense” for doctors, meaning that the burden is on the physician to prove that an abortion was medically necessary — instead of requiring the state to prove the opposite.

The new proposal unveiled Wednesday removes the affirmative defense for doctors and adds in language that doctors may provide abortion services for ectopic pregnancies and miscarriages. However, it does not include the previous version’s inclusion of “medically futile pregnancies” and lethal fetal anomalies as approved reasons for physicians to provide an abortion. Instead, it allows doctors to use “reasonable medical judgment” to determine if an abortion is necessary.

There is no exception for rape and incest.

Defenders of fear of being prosecuted and losing their medical licenses, while others point out that many Republican voters are in favor of clear exemptions.

Yet ever since the ban went into place, there has been massive disagreement on how Tennessee’s law should be modified. Republican-led attempts to add exemptions this year for rape and incest have been spiked by GOP-controlled committees, while Democratic attempts to explicitly state that birth control does not fall under the state’s abortion ban have also faltered.

“Removing affirmative defense, it gives doctors the ability to take care of a woman with these pregnancies,” said Republican Rep. Esther Helton-Haynes, the bill’s sponsor. “I was passionate about making sure affirmative defense was removed. When I spoke with physicians, that was their number one goal. It will save mother’s lives.”

When pressed on whether she was comfortable with the new language, Helton-Haynes responded that she was “comfortable knowing this language will pass.”

Republican Rep. Ryan Williams called the new language “dramatically different” and praised Helton-Haynes for finding a compromise to getting more Republicans on board with the change.

Democratic Rep. John Ray Clemmons warned that the new language still places on a burden on doctors and hospitals to prove in court that an abortion was necessary and lamented that lawmakers were giving into political pressure rather than advancing public policy that would benefit women.

“At what point, where in that timeline, how close to death’s door have to be before that doctor’s decision is deemed reasonable?” Clemmons asked. “Doctors are going to wait until the very last minute.”

The bill would have to still clear the full House and Senate before it could head to the governor’s desk. The Republican governor has not weighed in publicly on whether he supports the new proposal.

Nationally, attempts to loosen strict abortion bans in Republican-led states have popped up in Arkansas, Missouri, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia, according to the Guttmacher Institute research group that supports abortion rights. Many of the bills are backed by Democratic lawmakers, but a handful are being pushed by Republicans.

“For the Democrats who introduce these bills, they’re trying to showcase the harms of an outright ban,” said Elizabeth Nash, the group’s state policy analyst. “For the Republican side, we’re seeing them introduce these bills because they understand their constituents are unhappy.”

Meanwhile, Nash argued the overall push to add exemptions to strict abortion bans would only apply to a narrow group of people, and doctors could still end up feeling unsure how they can proceed under a narrow exception.

“These exemptions don’t actually provide for meaningful access to abortion,” she said. “By their very nature, they put a preference on some sort of abortion over others.”

National News

FILE — Dr. Amos C. Brown, Jr., vice chair for the California Reparations Task Force, right, holds...
Associated Press

Reparations for Black Californians could top $800 billion

SAN FRANCISCO (AP) — It could cost California more than $800 billion to compensate Black residents for generations of over-policing, disproportionate incarceration and housing discrimination, economists have told a state panel considering reparations. The preliminary estimate is more than 2.5 times California’s $300 billion annual budget, and does not include a recommended $1 million per […]
4 hours ago
Girls write messages on crosses at an entry to Covenant School, Tuesday, March 28, 2023, in Nashvil...
Associated Press

EXPLAINER: Mass shootings seldom shift partisan policies

Public outrage is swift following mass shootings, such as the killing of six people at a Christian elementary school in Nashville. Sorrow and sympathy are widespread. But what comes next from policymakers is likely to depend on which political party is in charge of a state. Don’t expect new gun controls in Republican-led states, such […]
4 hours ago
An empty classroom is seen in a school in the West Bank city of Bethlehem, Tuesday, March. 28, 2023...
Associated Press

Palestinian teachers’ strike grows, reflecting deep crisis

AL-AZZA REFUGEE CAMP, West Bank (AP) — In schools across the world, children are halfway into their second semester. But in a Palestinian refugee camp south of Jerusalem, kids wake up at 1 p.m. They kick soccer balls, hang out in barbershops and aimlessly scroll through TikTok. They watch television until dawn, just to wake […]
1 day ago
People console each other at an entry to Covenant School, Tuesday, March 28, 2023, in Nashville, Te...
Associated Press

Nashville shooting highlights security at private schools

NASHVILLE, Tenn. (AP) — An alarm blared and lights flashed as a heavily armed assailant stalked the hallways of The Covenant School. Surveillance footage of the shooting Monday at the private Christian school in Nashville showed many familiar security measures, including the double set of locked glass doors the killer shot their way through before […]
1 day ago
Gwyneth Paltrow enters the courtroom for her trial, Tuesday, March 28, 2023, in Park City, Utah. Pa...
Associated Press

Gwyneth Paltrow’s ski collision trial continues with defense

PARK CITY, Utah (AP) — Gwyneth Paltrow’s attorneys are expected to continue relying mostly on experts to mount their defense on Wednesday, the seventh day of the trial over her 2016 ski collision with a 76-year-old retired optometrist. The judge presiding over the trial in Park City has made it clear that he wants Paltrow’s […]
1 day ago
In this photo provided by the Hawaii Department of Land and Natural Resources, department enforceme...
Associated Press

Hawaii authorities say 33 swimmers were harassing dolphins

HONOLULU (AP) — Hawaii authorities on Tuesday say they have referred 33 people to U.S. law enforcement after the group allegedly harassed a pod of wild dolphins in waters off the Big Island. It’s against federal law to swim within 50 yards (45 meters) of spinner dolphins in Hawaii’s nearshore waters. The prohibition went into […]
1 day ago

Sponsored Articles

Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.
SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Tennessee GOP advance new narrow abortion exemption bill