Talking Points on Women's Access to Reproductive Health Care - Oppose SJR127 and HJR61, HJR66 and HJR127

WHAT DO SJR127, HJR61, HJR66 and HJR127 DO? These resolutions are the first step toward amending the State Constitution to take away the privacy protection as it pertains to women seeking abortions. Were Roe v. Wade to be overturned and our State Constitution amended, women in Tennessee would not be protected under the current state constitutional right to privacy that ensures a woman can obtain an abortion.

• SJR127, HJR61, HJR66 and HJR127 are an all-out attack on the women of Tennessee and seekto rob women of their right to make choices about their own health, safety and personal welfare.

• The Tennessee Constitution should not be amended to take away a woman’s right to privacy as it pertains to her right to reproductive freedom.

• Historically, both the Tennessee and United States Constitutions have been amended to expand rights, not erode rights. These constitutional amendments would take away the rights of women to access safe and legal health care services.

• Currently, our State Constitution has a greater privacy protection than the Federal Constitution. If any of these resolutions were to pass and our State Constitution were amended, the strong privacy protection afforded by the State Constitution would be weakened.

• Despite what the anti-choice forces are telling legislators:

  • Abortion is heavily regulated and not readily accessible for most women, particularly beyond the first trimester.

  • There are a number of laws regulating abortion including a state parental consent law and a state statute and Federal law banning late-term abortions.

  • Tennessee ’s medical malpractice statute has in place provisions requiring informed consent for any medical procedure. Failure to comply with these provisions under the law exposes the physician to significant liability for medical malpractice.

  • The number of abortions in Tennessee is declining - everyone agrees that this is a positive trend.  We should all focus on how to prevent unwanted pregnancies and how to offer women who have unplanned pregnancies the resources and support they need.

BACKGROUND - The introduction of this amendment is the result of the ACLU/PPFA 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 their right to seek an abortion.