Oppose Anti-Choice Amendment to the State Constitution


A resolution (SJR 127) has been introduced in the Tennessee General Assembly -- and passed by the State Senate on March 31, 2004 -- that would amend the Tennessee State Constitution to restrict the right to abortion. In the form passed by the Senate, it would insert the following language into the Tennessee 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.

This proposal is a reaction against the September 15, 2000, Tennessee State Supreme ruling in the case of Planned Parenthood v. Sundquist, in which the Court concluded (by a 4-1 vote) that the Tennessee Constitution provides stronger protection for abortion rights than the U.S. Supreme Court's 1973 Roe v. Wade decision. The court's majority opinion stated:

"We hold that a woman's right to terminate her pregnancy is a vital part of the right to privacy guaranteed by the Tennessee Constitution. That right is inherent in the concept of ordered liberty embodied in the Tennessee Constitution. ... The provisions of the Tennessee Constitution imply protection of an individual's right to make inherently personal decisions, and to act on those decisions, without government interference. A woman's termination of her pregnancy is just such an inherently intimate and personal enterprise. This privacy interest is closely aligned with matters of marriage, child rearing, and other procreational interests that have previously been held to be fundamental."

In effect, this proposed amendment would say that although most Tennesseans enjoy a right to privacy in their personal lives, pregnant women do not.

Tell your state legislators that you support reproductive choice (see addresses below), and urge them to oppose this proposed amendment.

Here's a sample letter: Dear ___________: Please oppose SJR 127, the proposal for a constitutional amendment to restrict the privacy right under our Tennessee Constitution.

The Tennessee Constitution gives citizens the right to make inherently personal decisions in privacy, without government interference. Reproductive choices, including the decision to have an abortion, are intensely personal. These decisions must ultimately rest with a woman, her God, and her conscience. They should not be restricted by government, except as necessary to protect health.

I support reproductive choice, and I urge you to help protect women's privacy in reproductive matters by opposing SJR 127.

Addresses for legislators representing Anderson and Roane Counties:

Sen. Randy McNally - voted for this resolution
121 Amanda Drive Oak Ridge, TN 37830
302 War Memorial Building
Nashville, TN 37243
Phone (615) 741-6806

Sen. Tommy Kilby - voted for this resolution
3 Legislative Plaza
Nashville, TN 37243-0212
Phone (615) 741-1449
Fax (615) 741-3308

Rep. Jim Hackworth
Three Rocky Top
Clinton, TN 37716
37 Legislative Plaza
Nashville, TN 37243-0133
Local call to Nashville office:
(865) 482-2455

Rep. Dennis Ferguson
334 Sunrise Drive
Kingston, TN 37763
23 Legislative Plaza
Nashville, TN 37243-0132
Phone (615) 741-7658

See http://www.legislature.state.tn.us/ for additional contact information.