What Happened |
Tennessee lawmakers introduced legislation that would close a glaring gap in the state's abortion laws by classifying abortion as murder while extending equal protection under the 14th Amendment to unborn children. |
The bill from state Rep. Jody Barrett and Senator Mark Pody would apply Tennessee's existing criminal homicide statutes to abortion, holding accountable both those who provide abortion pills and women who take them with the intent to end their pregnancy. |
Despite Tennessee's trigger law banning abortion after Roe v. Wade was overturned, data shows at least 5,870 abortions occurred in 2024 through pills illegally shipped into the state. Current law only criminalizes abortion when performed by medical professionals, creating a massive loophole that allows abortion pills to flow freely with no legal consequences for anyone except doctors. |
Tennessee hasn't technically banned abortion; it's banned the practice of abortion by medical professionals while leaving everyone else untouched. Barrett argues this inconsistency undermines the state's ability to protect unborn life when thousands of chemical abortions continue happening outside the medical system. |
The legislation was developed with assistance from the Foundation to Abolish Abortion, which advocates for treating all human life as equally valuable under the law. |
Why It Matters |
A Biden-era FDA policy allowed abortion pills to be dispensed through the mail without in-person doctor visits, effectively creating a workaround for state abortion bans. Pro-abortion activists have exploited this policy to ship pills into states like Tennessee, where abortion is supposedly illegal, rendering protective laws largely symbolic. |
Barrett's proposal treats abortion consistently with how Tennessee treats other forms of homicide. He argued that if the state recognizes unborn children as persons deserving protection, then taking their lives should carry the same legal consequences as taking any other innocent life. |
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However, the bill does break with some traditional pro-life organizations that oppose criminalizing women who have abortions. These groups typically frame women as victims rather than perpetrators and focus enforcement solely on providers. |
And while Barrett has acknowledged this tension, he believes that the current approach hasn't worked when abortion pills allow women to self-administer without involving medical professionals. |
While some critics have seized on the possibility of death penalty sentences, Barrett notes Tennessee has used capital punishment sparingly, and a jury would need to unanimously agree to impose it. |
How It Affects You |
The proposal would create real legal risk for anyone facilitating abortion in Tennessee, potentially deterring the networks that currently ship pills into the state with impunity. The central question in the debate is whether stepped-up enforcement warrants criminal penalties for women who obtain abortions, in addition to those who perform them. |
Some advocacy groups believe that the bill would expand criminal liability by permitting abortion to be prosecuted under existing homicide statutes, including exposure to severe penalties. The fight in the legislature is expected to focus on how far state law should go in applying criminal statutes to abortion and what enforcement mechanisms would follow if the measure were enacted. |
Should this approach prove effective at actually reducing abortions rather than just creating symbolic bans, other pro-life states facing similar abortion pill challenges may follow suit. The legislation forces an honest reckoning of whether pro-life laws are meant to make statements or save lives. If the latter, current enforcement gaps may require more aggressive, and likely controversial, legal remedies. |
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*Disclaimer: Energy Exploration Technologies, Inc. ("EnergyX") has engaged Shortlysts to publish this communication in connection with EnergyX's ongoing Regulation A offering. Shortlysts has been paid in cash and may receive additional compensation. Shortlysts and/or its affiliates do not currently hold securities of EnergyX. This compensation and any current or future ownership interest could create a conflict of interest. Please consider this disclosure alongside EnergyX's offering materials. EnergyX's Regulation A offering has been qualified by the SEC. Offers and sales may be made only by means of the qualified offering circular. Before investing, carefully review the offering circular, including the risk factors. The offering circular is available at invest.energyx.com/. |
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