March 29, 2002: Protect Privacy rights for Women and all Tennesseans - Oppose SJR110 - Call House Health & Human Resources Committee Members

Dear Friends,

This lengthy alert includes lots of information that we urge you to share with your friends and family and to use as you urge your state representative to vote against SJR110.

As many of you know, a very dangerous constitutional amendment exempting abortion from the privacy guarantee of the Tennessee Constitution was introduced in the 102nd Tennessee State legislature. SJR110 passed the Senate by a 21 (y) -10 (n) - 2 (not voting) vote last year; it is now pending in the House and will be debated most likely by the full House Health and Human Resources Committee in 2-3 weeks.

WHAT SJR110 DOES - SJR110 has many sponsors in the Senate and House. While supporters of the resolution - who are on record as anti-choice - say the resolution does not affect access to abortion, they are being disingenuous. Were Roe v . Wade to be overturned, and our State Constitution amended, women in Tennessee would not be protected under the current afforded privacy right to obtain an abortion in this state.

OTHER TALKING POINTS - It is VITAL that House Representatives begin to hear from pro-privacy, pro-choice, and pro-states ' rights people ASAP. SJR110 jeopardizes privacy rights and undermines the integrity and the independence of the Tennessee Supreme Court whose jurisdiction it is to interpret the rights under the State Constitution. SJR110 destroys state sovereignty rights; Tennessee would become the first state to give up its sovereign rights. Legislators should be reminded that this effort could lead to other erosions of privacy guarantees under the Tennessee Constitution (e.g., freedom of worship - Article 1, Section 7; protection against unreasonable searches and seizures - Article 1, Section 3; Freedom of Speech and Press, Article 1, Section 19.)

PROCEDURE AND TIMING - During the week of April 11, we understand there will be an effort to pull SJR110 out of the Health Access Subcommittee by a dismissal petition. House Rule 51(13) says that after a resolution has been acted on by a subcommittee any member of the standing committee (i.e. , House Health and Human Resources Committee) may move to recall the resolution from the subcommittee to the full Committee by presenting a motion in writing to the Committee Chair (i.e., Rep Joe Armstrong).

We believe that a member of the full House Health and Human Resources Committee is going to ask the Committee to vote by majority vote to move the bill to the full Committee for its consideration. Obviously, if they have a majority vote to move it from the subcommittee, they have the votes to pass SJR110 out of the committee to the House Calendar and Rules C ommittee for a vote and then possibly to the House Floor for a vote. It is very important to communicate with every single member of the House Health and Human Resources Committee and ask them not to support this effort to pull SJR110 out of the subcommittee.

If the resolution passes both Chambers during this session, it would be reintroduced during the 103rd TGA (2003-2004) and have to pass by a 2/3 vote in both Chambers. Then the resolution would be placed on the statewide ballot in 2006.

BACKGROUND - The introduction of this amendment is the result of the ACLU/Planned Parenthood victory in the Tennessee Supreme Court. We successfully challenged several restrictive provisions in the Tennessee Abortion Statute. In September 2000, the Tennessee Supreme Court ruled that several provisions were unconstitutional and that the Tennessee Constitution afforded women a right to privacy regarding her right to seek an abortion. The decision is momentous because it reaffirms the right to privacy found in the Tennessee Constitution.

Attached is a summary of the ACLU/Planned Parenthood lawsuit. This was the first time that the State Supreme Court considered the issue of abortion under the Tennessee Constitution and held that it provided greater protection than the US Constitution.

ACTION - Please speak out and make sure your legislator knows that privacy rights should not be taken away because of one's gender and that our State Constitution should protect all Tennesseans. ACLU, Planned Parenthood, NOW, and the Women’s Political Caucus are actively lobbying against this dangerous constitutional amendment.

If you are a member of an organization that would like to join the Tennessee Alliance for Choice and help mobilize opposition to SJR110, please contact us.

Many thanks.
Hedy Weinberg, Executive Director