Tenn. Senate Committee Sends Abortion Waiting Period Bill To Study Committee

Main Category: Abortion
Article Date: 22 Apr 2008 - 8:00 PDT

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The Tennessee Senate Judiciary Committee on Thursday voted 5-3 to send a bill (SB 3512) that would require a 24-hour waiting period prior to abortions and require physicians to obtain "informed consent" to a committee that will study it this summer, the AP/Jackson Sun reports.

Earlier this year, some members of the committee delayed action on the bill, sponsored by Sen. Roy Herron (D), pending approval of a resolution seeking to amend the state constitution (SJR 127) to clarify that it does not guarantee the right to abortion or require funding for abortion. However, the resolution -- which had been drafted in response to a 2000 state Supreme Court decision that struck down some restrictions on abortion -- was rejected by a House subcommittee (Johnson, AP/Jackson Sun, 4/17). The state Supreme Court ruling had nullified laws that required a 48-hour waiting period before abortions, required doctors to provide detailed information about the procedure and required that all but first-term abortions be performed in hospitals (Daily Women's Health Policy Report, 2/28). The resolution's sponsor in the House has said she will try to bring it to a full House vote despite the subcommittee's rejection.

Some Senate Democrats on Thursday said SB 3512 would address issues arising from the state Supreme Court decision without having to pass a constitutional amendment. Senate Democratic Leader Jim Kyle said, "There is nothing wrong with this bill except that it doesn't fit the political agenda of certain special interest groups in this state." Herron said, "What the committee did today was decide that women will continue not to get information they need to make informed decisions," adding, "As a result, more women will choose abortion than would otherwise -- and that's tragic."

Sen. Paul Stanley (R) said the constitutional amendment is needed first to prevent legal action. He added that without that amendment, "we're not going to put ourselves in the position to stop abortions at the level we need to." Other lawmakers said the committee's vote was political because an opinion from the state attorney general opinion said SB 3512 is constitutionally defensible (AP/Jackson Sun, 4/17).

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