Federal Judge Blocks Tennessee Law Criminalizing Aid to Minors Seeking Out-of-State Abortions
A federal judge has blocked a provision of Tennessee’s law that criminalizes helping minors obtain out-of-state abortions, ruling it violates First Amendment rights. The provision, known as the ‘abortion trafficking of a minor’ law, was enacted in 2024 by Republican Governor Bill Lee with GOP legislative support. The law targets adults who assist unemancipated minors in obtaining abortions, even if the procedure is legal in another state.
U.S. Circuit Judge Julia Gibbons, an appointee of former President George W. Bush, ruled that the provision’s ‘recruitment’ element violates the First Amendment by targeting speech based on its message, rather than its content or context. Gibbons agreed that the law’s recruitment provision is unconstitutional for its viewpoint discrimination, noting that it prohibits speech encouraging lawful abortion while allowing speech discouraging it. The judge issued a permanent block on enforcement of the provision, stating it ‘presumptively unconstitutional.’
However, Gibbons did not strike down the law’s provisions criminalizing the physical transport of minors or harboring them for abortion assistance. The case was brought by Democratic state Rep. Aftyn Behn, a licensed social worker, and pro-abortion advocate Rachel Welty, with counsel Daniel A. Horwitz. The Tennessee attorney general has already appealed a November decision temporarily blocking the provision, which remains pending in the Sixth Circuit Court.
The law carries penalties of up to 11 months and 29 days in jail or fines of $2,500. After the U.S. Supreme Court overturned Roe v. Wade, Tennessee enforced its trigger law, effectively banning abortions with limited exceptions. The judge’s decision underscores the ongoing legal battles over reproductive rights and free speech protections in the U.S.