Abortion amendment defeated in House subcommittee
NASHVILLE (AP) — A House subcommittee defeated a resolution proposing to amend the Tennessee Constitution to limit abortion rights, but it might not be dead.
After nearly an hour of debate Wednesday in a room packed with vocal supporters and opponents, the five women on the Public Health and Family Assistance Subcommittee voted against the resolution, while the four men voted for it.
Rep. Mike Turner, a Nashville Democrat who is carrying the Senate resolution in the House, said he may try to pull the resolution out of the subcommittee and have it considered by the full Health and Human Resources Committee next week. That would take agreement of at least 11 committee members.
The resolution seeks to insert the following into the state constitution:
“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.”
The resolution had been approved last month by the Senate, but unless Turner can resurrect it in the House, the issue is dead until the next General Assembly convenes in January.
Even if approved by the House this year, two-thirds majorities would have to approve it during the next two-year session before it could go on the general election ballot in 2006. It would need approval by a number of voters equal to more than half the ballots cast in the governor’s race to become part of the constitution.
If the amendment were accepted, abortions would continue to be allowed by current state law until lawmakers enacted restrictions.
The resolution was proposed by abortion opponents because the state Supreme Court found in 2000 that the Tennessee Constitution offered greater protection of abortion rights than the U.S. Constitution, and justices struck down a law that required a waiting period and other restrictions.
Turner said he is carrying the resolution because he felt the Supreme Court had overstepped its bounds and that the constitution doesn’t even mention privacy or abortion.
“We cannot have the judiciary overrule the Legislature,” he said. “They took it right out of our hands” and out of the hands of voters. He argued that legislators should “trust in the people to make the right decision.”
The women on the committee said that if the amendment was added to the constitution, the Legislature on a “whim” could decide it was not “reasonably necessary” to allow abortions for rape or incest victims or for women who needed the procedure to save their lives.
Rep. Tre’ Hargett, R-Bartlett, said he was much more comfortable with elected officials and citizens making decisions about abortion restrictions than with judges. “Some people feel we’ve been subjected to the whims of the judicial branch,” he said.
Rep. Janis Sontany, D-Nashville, said abortion is a decision that is not made lightly. “I believe it’s every woman’s right to make that decision. It shouldn’t be mine, and it shouldn’t be the government’s.”
Rep. Sherry Jones, D-Nashville, said she couldn’t vote to allow a return to the era of “back alleys and coat hangers.”
Gov. Phil Bredesen said the focus should return to TennCare and the budget now.
“The fact that this divisive issue is out of the way a little bit I think will help put the focus back on some of the stuff that I think is really important — things I was hired as governor to accomplish,” he told reporters after a speech to business leaders.
Julie Adams of Nashville, one of several citizens in the hearing audience wearing orange stickers proclaiming them “pro-choice Tennesseans,” said she was pleased with the outcome of the vote because “women are feeling our rights eroding right under our feet. We must stop it.”
But Stephanna Alberty of Nashville, who wore a yellow button that urged lawmakers to “Let us vote in 2006,” was disappointed.
“This is supposed to be a representative government, and they’re not letting the people of Tennessee make the decision.”
Carrying daughter Ellie, who is nearing her first birthday, Alberty said abortion is “killing a baby.
“Everybody is concerned about the rights of women. But they should be concerned about the rights of the child.”
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Read SJR127 at http://www.legislature.state.tn.us