A Pro-Life Constitution
A 2000 decision by the Tennessee Supreme Court wrongly ruled in 'Planned Parenthood of Middle Tennessee v. Sundquist' that the Tennessee Constitution contains a fundamental right to abortion even broader than that affirmed by 'Roe v. Wade' at the federal level. As a result, common sense state laws passed by the Tennessee Legislature were immediately stripped away including informed consent for women considering abortion, a 48 hour waiting period, and hospitalization for second and third trimester abortions.
Subsequently, laws requiring the regulation of abortion facilities have also been found to violate the new "state right to abortion" discovered by judges in the Tennessee Constitution. ('Adams & Boyle v. TN Dept of Health'.)
Since that time Tennessee Eagle Forum has joined forces with Tennessee Right to Life and Family Action of Tennessee to pass an amendment that would give the people the opportunity to vote to return the State Constitution to the neutral position it was in for 130 years.
The actual text of the proposed amendment:
"Nothing in Constitution of Tennessee secures or protects right to abortion or requires the funding of an abortion; states that the people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother."
As written, the proposed amendment does not criminalize abortion but overturns the Court's pro-abortion ruling, returns the Tennessee Constitution to a position of neutrality on abortion and allows the people of the state and their elected legislators to again enact meaningful protections for women and unborn children in our state.