NASHVILLE - Calling it a "monumental step forward," Tennessee Republican Gov. Bill Lee on Thursday announced plans to push a comprehensive abortion-restriction proposal he believes "puts Tennessee at the forefront of protecting life."
The legislation, Lee said, will include a "fetal heartbeat" provision that requires women seeking abortions to undergo ultrasound examinations. It then would ban an abortion upon detection of the fetus' heartbeat, which can occur as early as six weeks into pregnancy.
A similar fetal heartbeat bill failed last year amid sharp divisions in the GOP's House and Senate supermajorities.
Lee said another provision would ban abortions in cases where the physician is "aware the action is motivated by sex, race or a health or disability diagnosis of the child."
"I believe that we have a special responsibility to protect the most vulnerable members of our community," Lee said at a news conference surrounded by nearly three dozen GOP lawmakers. "And no one is more vulnerable than the unborn."
At least 10 other states, including Georgia and Alabama, have enacted heartbeat laws that have been blocked in federal courts.
Abortion opponents aim to force the U.S. Supreme Court to revisit its landmark Roe v. Wade decision that made abortion legal in many instances. They want the high court to overturn Roe outright or allow states more leeway in enacting further abortion restrictions.
Gov. Bill Lee's abortion package:
- Prohibits an abortion when a fetal heartbeat is detected. - Requires women to undergo an ultrasound prior to an abortion. - Prohibits an abortion in which the physician is aware a woman's decision to terminate the pregnancy is based on race, sex, health or disability diagnosis.
In Tennessee last year, the House passed a fetal heartbeat bill. The Senate refused, citing concerns an adverse decision would wreak havoc on existing law. Instead, GOP senators passed a "trigger" bill. It puts state law back as much as possible to where it was before Roe if the Supreme Court were to overturn or alter abortion rulings. The House last year eventually went along with the Senate's approach.
The 2019 split among GOP lawmakers stemmed from concerns by Tennessee Right to Life, Lt. Gov. Randy McNally and other lawmakers that passing a straight-out fetal heartbeat bill would jeopardize existing laws and wind up with the state paying legal expenses for Planned Parenthood and other organizations opposing such a law.
Lee's bill, many details of which remain to be worked out, seeks to assuage such concerns. It calls for a tiered approach, with each provision having a severability clause. In addition to a fetal heartbeat provision, it would have separate sections banning abortions at eight weeks, 10 weeks and 12 weeks.
So if the heartbeat provision was found unconstitutional, the other provisions would take effect in succession. And if those were tossed out, existing law would remain intact.
That was sufficient to bring the lieutenant governor aboard with McNally standing beside Lee.
"I believe I can assure you it will be well received by the General Assembly," McNally told the governor.
McNally predicted it "will be challenged on its constitutionality, but I think the bill will survive."
Senate Judiciary Committee Chairman Mike Bell, R-Riceville, who presided over a sometimes-stormy summer hearing on the issue, said "this will be the most comprehensive law adopted by any state in the nation - and I'm proud of that."
Republican House Speaker Cameron Sexton said in a statement that "obviously, we are very supportive and appreciative of the Governor's dedication to pro-life principles."
Sexton, who didn't attend the news conference due to a scheduling conflict, said "we are looking forward to working with [Lee] and his team on this issue, as well as his legislative vision. I know members of the House and the chairmen are eager to review the proposed language and continue their strong support for life."
The tiered approach was borrowed from a Missouri law.
But while McNally said the legislation would be well received, Democrats are denouncing both the concept and Lee. While Lee campaigned in 2018 "on bringing people together," Senate Minority Leader Jeff Yarbro, D-Nashville, said, his bill reveals an "extreme, divisive political agenda."
Rep. London Lamar, D-Memphis, sharply criticized Lee and fellow Republicans' efforts to restrict "women's right to an abortion. This issue is near and dear to my heart because not only am I a woman, but I have witnessed and experienced the negative consequences of pregnancy, which affirms my advocacy for women's right to safe abortion access."
Last fall, Lamar, who had been pregnant, announced she had lost her baby after carrying it to full term.
Sen. Katrina Robinson, D-Memphis, said she found Lee's effort "disturbing" and chided Republicans "to solve real issues that we have here." She said statistics show Tennessee women and children rank 43rd nationally on health care and 42nd on health outcomes.
Lives would be better, she said, if Lee and GOP lawmakers focused on Medicaid expansion, improving public education spending and using hundreds of millions of dollars in unused federal dollars on transportation, job training and education to help welfare enrollees succeed.
Contact Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow him on Twitter @AndySher1.