Gov. Bill Lee signs controversial Tennessee abortion restriction measure into law

Natalie Allison
Nashville Tennessean

Gov. Bill Lee on Monday signed into law the state's wide-ranging abortion ban, legislation that will enact some of the nation's most restrictive abortion regulations.

UPDATE:Moments after Gov. Lee signed it, court halts Tennessee's restrictive abortion law

In addition to banning abortions after the point a fetal heartbeat can be detected, which is as early as six weeks, the legislation, which takes effect immediately, also prohibits the procedure:

  • If the doctor knows that the woman is seeking an abortion because of the child's sex or race;
  • If the doctor knows the woman is seeking an abortion due to to a diagnosis of Down syndrome; and
  • For juveniles in custody of the Department of Children's Services, including removing the current option to petition a judge for permission.

While there is an exception to the restrictions if a woman's life is in danger, there are no exceptions for rape or incest.

Protesters cheer for speakers against anti-abortion legislation at Legislative Plaza Tuesday, May 21, 2019, in Nashville, Tenn.

The law makes it a Class C felony for a doctor to perform an abortion in any of those situations, and the physician must also:

  • Determine and inform the mother of the gestational age of the fetus;
  • Allow the woman to hear the fetal heartbeat and explain the location of the unborn child within the uterus;
  • Conduct an ultrasound and display the images to the mother; and
  • Provide an explanation of the fetus's dimensions and which external body parts and internal organs are present and visible.

Under the law, abortion clinics will also be required to post a sign in the waiting area and in patient rooms informing people that it may be possible to reverse a chemical abortion. Failing to do so can result in a $10,000 fine for the clinic, though that portion of the new law takes effect Oct. 1.

Lee broadcast his signature of the measure on Facebook on Monday, saying the law is "arguably the most conservative, pro-life piece of legislation in the country."

"It's our responsibility to protect the most vulnerable in our community," the governor said as he signed the measure from inside his office. "With the signature of this bill, Tennessee is one of the most pro-life states in America."

The legislation, passed after midnight June 19 in the Senate during the General Assembly's final hours of session for the year, has already faced a legal challenge.

Hours later, Planned Parenthood, the American Civil Liberties Union and other abortion rights groups filed a lawsuit against the legislation in U.S. District Court in Nashville.

They've also asked a federal judge to issue a temporary restraining order to prevent the state from implementing the legislation, though such an order couldn't be issued until the bill was signed into law.

Similar six-week bans have been struck down in Mississippi, Ohio and other states

While the bill passed earlier that day in the House and had been placed on the chamber's calendar, Senate leadership for weeks had said they had no plans to take up the abortion ban, which had been championed by the governor, due to the pandemic.

Senate Republicans ultimately agreed to pass the measure as part of budget negotiations with the House. They approved it with no members of the public present, as the Senate gallery was closed to visitors.

Joel Ebert contributed to this report.

Reach Natalie Allison at nallison@tennessean.com. Follow her on Twitter at @natalie_allison.

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