Senate adopts abortion amendment
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The constitutional amendment was withdrawn, supposedly for the year, after it was amended two weeks ago to allow for abortions in cases of rape, incest or to save the life of the mother.
But Sen. David Fowler, R-Signal Mountain, brought it back up Wednesday, offering a new version he characterized as a compromise. After hours of debate — much of it directed at Fowler by members who felt he had broken his word by bringing the resolution up again — the Senate adopted the proposal by a 23-6 vote.
The new version says:
“Nothing in this Constitution secures or protects a right to abortion or the funding thereof. The legislature shall have the sole authority to make and shall make such provisions for abortions as it determines reasonably necessary for victims of rape, incest and to save the life of the mother.”
If it is approved this year by a majority vote in the House, and by two-thirds majorities in both the House and Senate sometime during the next two years, it would go on the general election ballot in 2006. If adopted by the voters it would become part of the Tennessee Constitution.
Fowler’s original amendment contained just the first sentence of the new version. He offered it after the state Supreme Court in 2000 struck down an abortion law requiring 48-hour waiting periods and some other restrictions on abortion.
The state court found in Tennessee’s constitution a greater protection for abortion rights than the U.S. Supreme Court had found in the federal constitution.
The state constitutional amendment would have no effect unless the U.S. Supreme Court’s Roe v. Wade decision allowing abortion is overturned. If that decision is reversed, then Tennessee could limit abortion rights under the new provision.
The debate Wednesday centered on two things. One was how best to ensure abortion rights in the three instances — rape, incest or to protect the life of the mother — that most senators had said they preferred.
Fowler said the proposal to mandate that the Legislature adopt those exceptions by state law — as opposed to putting them into the constitution — was as much as he would compromise. He said putting them into the constitution would once again leave the final say up to the courts.
“My concern has always been that what this body of 132 people (the Legislature) deems reasonable and appropriate can be second-guessed by three people (a majority on the state Supreme Court) who the people have never elected,” Fowler said.
A second version of the resolution offered would have specified in the constitution that abortions would be allowed for rape, incest and to protect the life of the mother. It was defeated.
A heated point of debate came from several members who had met privately with Fowler periodically Wednesday, trying to find a compromise that would put the rape, incest and life of the mother exceptions into the constitution.
Several of them said pointedly that Fowler had given his word he would not move the bill Wednesday, giving everyone time to confer together and with the attorney general on the ramifications of various proposals being discussed.
Fowler refused, saying he believed he had kept his word by getting the information from the AG’s office over the telephone.
Several senators, believing the resolution would not come up for a vote, left the chamber. Two returned in haste.
Sen. Steve Cohen left a concert and returned just before the vote. Sen. Jerry Cooper came back after a reception for a retiring state official, saying he was “put out” to find the resolution had come up for a vote.
Lt. Gov. John Wilder encouraged Fowler to wait, to no avail.
“I’m asking the sponsor (Fowler) again to keep his word which he has twice given us and honor the fact that is the way the Senate works,” said Sen. JoAnn Graves, D-Gallatin. “Between tonight and tomorrow is not a great deal of difference.”
Fowler said he had nothing left to say.
“As far as I know there is nothing else to talk about. I’m not going to be for that (putting the exceptions into the constitution) any more in the morning than I am now. I’m ready to finish our business.”
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On the Net:
See Senate Joint Resolution 127 at:
Tennessee General Assembly: http://www.legislature.state.tn.us/