Английская Википедия:Abortion in Tennessee

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Шаблон:Short description Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

The ban took effect on August 25, 2022, thirty days after the Tennessee Attorney General notified the Tennessee Code Commission that Roe v. Wade was overturned on June 24, 2022. Following the Dobbs decision, it became the only state with no direct exception in case of risk to the mother's life; rather, there was an affirmative defense included in the ban, meaning that someone who performed an abortion could be charged with a felony, but only had an opportunity to prove that the procedure was necessary — either to prevent the patient from dying or to prevent serious risk of what the law calls "substantial and irreversible impairment of a major bodily function."

The number of abortion clinics in Tennessee decreased over the years, with 128 in 1982, 33 in 1992, and 7 in 2014. There were 12,373 legal abortions in 2014, and 11,411 in 2015.

History

Legislative history

The state was one of 10 states in 2007 to have a customary informed consent provision for abortions. In 2013, state Targeted Regulation of Abortion Providers (TRAP) had provisions related to admitting privileges and licensing. They required clinics have hospital privileges and transfer agreement with a hospital.

In 2015 Tennessee established a required 48 hour waiting period before obtaining an abortion.

The state legislature was one of eight states nationwide that tried, and failed, to pass a bill to ban early abortion in 2017. They tried again in 2018, where they were one of ten states that tried and failed to pass a fetal heartbeat bill. Two fetal heartbeat bills were filed in the Tennessee General Assembly in 2019. On January 23, 2019, Rep. James "Micah" Van Huss filed HB 77 in the Tennessee House of Representatives. On February 7, 2019, Sen. Mark Pody filed SB 1236 in the Tennessee Senate. On February 20, 2019, HB 77 was passed out of a Public Health subcommittee and sent to the full committee. On February 26, 2019, the House Public Health Committee voted 15–4 to send HB 77 to the House floor for a full vote. On February 7, 2019, HB 77 was passed out of the Tennessee House by a vote of 66–21. As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally at some point between weeks 24 and 28. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling and was not a result of state-based legislation. In 2020 Tennessee banned abortions because of a prenatal diagnosis of Down syndrome or because of the gender or race of the fetus.

Due to the trigger law prohibiting abortion from the point of fertilization which was adopted on April 22, 2019, abortion became illegal from the point of conception in Tennessee on July 25, 2022, 30 days after the overturning of Roe v. Wade.

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. (However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, Шаблон:Ussc later in 2022.)

Tennessee's heartbeat bill and the Texas-style abortion ban have been in court due to pro-abortion rights organizations suing the state of Tennessee.

Файл:Number of abortion clinics in Tennessee by year.png

Number of abortion clinics in Tennessee by year

On September 12, 2023, three women filed a lawsuit against the state of Tennessee over the state's abortion ban, stating that they were denied abortions despite having dangerous pregnancy complications.

Clinic history

Шаблон:See alsoBetween 1982 and 1992, the number of abortion clinics in the state declined by 47, going from 128 in 1982 to 33 in 1992. In 2014, there were seven abortion clinics in the state. In 2014, 96% of the counties in the state did not have an abortion clinic. That year, 63% of women in the state aged 15–44 lived in a county without an abortion clinic. In 2017, there were four Planned Parenthood clinics, all of which offered abortion services, in a state with a population of 1,519,130 women aged 15–49.

Abortion rights views and activities

Файл:Knoxville-march-for-life-2013-3.jpg

Participants and their children in the March for Life walk along Concord Avenue in Knoxville, Tennessee, United States. The march is held annually to mark the anniversary (January 22) of the U.S. Supreme Court decision, Roe v. Wade. The signs, designed to resemble stop signs, read, "Stop abortion now".

Файл:Abortion rights protestors in Memphis, TN.png

A pro-choice protest in Memphis, shortly after the leaked Supreme Court opinion to overturn Roe v. Wade

Protests

In 2020, hundreds of people attended the March for Life in Knoxville supporting abortion bans and restrictions.

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.

In Memphis and Nashville, groups of people gathered to protest the abortion ban that would take place after the leaked draft opinion overturning Roe v. Wade. Many women shared their abortion stories at the protest.

Municipal actions

On July 13, 2022, the Memphis City council passed the Reproductive Autonomy is Necessary (RAIN) Act in an effort to lessen the extent to which statewide policy will affect childbearing women in Memphis.

Polling

In a 2014 poll by the Pew Research Center, 55% of adults in Tennessee said that abortion should be illegal in all or most cases and 40% said it should be legal.

Tennessean's views on the legality of abortion by political affiliation (2022)

Political affiliation	Legal in all cases	Legal only in special casesШаблон:Efn	Illegal in all cases
Democratic	70%	22%	6%
Republican	8%	54%	33%
Independent	38%	46%	12%
Total	36%	44%	17%

Statistics

In the period between 1972 and 1974, there were zero recorded illegal abortion death in the state. In 1990, 554,000 women in the state faced the risk of an unintended pregnancy. In 2010, the state had no publicly funded abortions. In 2013, among white women aged 15–19, there were 690 abortions, 650 abortions for black women aged 15–19, 50 abortions for Hispanic women aged 15–19, and 20 abortions for women of all other races. In 2017, the state had an infant mortality rate of 7.4 deaths per 1,000 live births.

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996

Census division and state	Number			Rate			% change 1992–1996
	1992	1995	1996	1992	1995	1996
Total	1,528,930	1,363,690	1,365,730	25.9	22.9	22.9	–12
East South Central	54,060	44,010	46,100	14.9	12	12.5	–17
Alabama	17,450	14,580	15,150	18.2	15	15.6	–15
Kentucky	10,000	7,770	8,470	11.4	8.8	9.6	–16
Mississippi	7,550	3,420	4,490	12.4	5.5	7.2	–42
Tennessee	19,060	18,240	17,990	16.2	15.2	14.8	–8

Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates

Location	Residence			Occurrence			% obtained by out-of-state residents	Year	Ref
	No.	Rate^	Ratio^^	No.	Rate^	Ratio^^
Tennessee	10,987	8.5	135	12,373	9.5	152	21.3	2014
Tennessee	10,361	8	127	11,411	8.8	140	20.3	2015
Tennessee	10,523	8.1	130	11,235	8.6	139	18.6	2016
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

According to Pew Research Center, in Tennessee, adults aged 30–49 are the age demographic that has the highest percentage of people thinking abortion should be legal in most cases (35%). According to the Lozier Institute, in 2019, 55% of Tennessee's abortions were at 8 weeks gestation or earlier, 23% were performed at between 9 and 10 weeks, 6% at 13 to 14 weeks, and 2% between 17 and 20 weeks. There were 26 cases of failed abortions with no complications, 17 with delayed or excessive hemorrhage, 15 with delayed or excessive hemorrhage after a failed abortion, and 17 cases that had unspecified complications.

Criminal prosecutions of abortion

A 31-year-old Tennessean was charged with attempted first-degree murder in December 2015. The charge was based on an attempt to give herself an illegal abortion using a coat hanger.