Federal Judge Strikes Down Tennessee Law on Minors’ Out-of-State Abortions

In a significant ruling, a federal judge has struck down a key part of a Tennessee law that criminalized adults assisting minors in obtaining out-of-state abortions without parental consent. Enacted in 2024 under the leadership of Republican Governor Bill Lee, the law aimed to curb what it termed the 'abortion trafficking of a minor.' However, U.S. Circuit Judge Julia Gibbons, stepping in after multiple recusals in the district, found the law's 'recruitment provision' to be a direct violation of free speech under the First Amendment.

This provision specifically targeted adults who provide information or logistical support to minors seeking legal abortions in other states, branding such actions as criminal. Judge Gibbons argued that this was a clear case of viewpoint discrimination, as the law silenced speech promoting lawful abortions while permitting speech against them. Her permanent injunction against this part of the statute is a bold stand for constitutional rights, ensuring that Tennesseans can discuss and share truthful information about abortion without fear of prosecution.

While this decision marks a victory for free expression, the judge did not strike down other elements of the law, such as those banning the physical transport of minors across state lines for abortions. She also dismissed claims that the law was unconstitutionally vague, siding with the state on that front. This mixed ruling leaves room for further legal battles, especially as Tennessee’s attorney general has already appealed a related temporary block issued earlier.

Brought forth by Democratic state Rep. Aftyn Behn and Nashville attorney Rachel Welty, the case underscores a broader clash over individual freedoms and state control in the post-Roe v. Wade era. Tennessee’s near-total abortion ban, triggered after the Supreme Court’s landmark reversal, continues to fuel heated debates over reproductive rights and the limits of governmental overreach. As this case potentially heads to the Sixth Circuit, the fight over how far states can go to restrict access to abortion—even beyond their borders—remains far from settled.