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Ultrasound Bill Introduced After Amendment 1’s Passage

State representative Rick Womick (R-Rockvale) is wasting no time in taking advantage of the passage of Amendment 1, a constitutional amendment that passed this month giving legislators the right to enact stricter abortion laws.

A bill introduced by Womick would require that women who choose to have an abortion would have to first hear the heartbeat of the fetus, unless there’s a medical emergency.

It also requires medical providers to show the patient an ultrasound. If the patient declines, the provider would be required to provide a verbal explanation of a live ultrasound, describing the fetus’ stage, including the heartbeat, internal organs, legs, and arms, if present.

CHOICES Memphis Center for Reproductive Health is urging its pro-choice supporters to reach out to state representatives. The clinic is also working with Healthy & Free Tennessee, a statewide organization aiming for more progressive reproductive and sexual health legislation.

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Rebecca Terrell, the executive director for the clinic, said what some pro-life legislators call regulation is actually restriction.

“The idea behind Amendment 1 was, ‘We’re going to introduce bills to ensure that women get safe care,'” she said. “So what on earth does this have to do with women getting safe care?”

According to Womick’s bill, a woman would be required to have the ultrasound (or verbal explanation of an ultrasound) two days before the scheduled abortion — something that Terrell said only restricts access to a procedure. She said procedures need to be completed as soon as possible to ensure they are as safe as possible. Since abortions are not performed every day, a woman who goes in for an ultrasound and then needs an abortion might add a few days or a week to her appointment, making it “less safe by definition,” Terrell said.

Ultrasounds are already offered to patients as standard practice, Terrell said.

“We really just use it to date the gestation of the pregnancy, so there’s no looking for fingers and toes,” she said. “But the majority of our procedures are so early, you can’t really see any of that anyway. We always ask the patient if she would like to either see the image or have a copy of the image. All the studies [show] that seeing the image has very little effect on the women’s decision, that they have made that decision before they come.”

The Family Research Council, a pro-life organization based in Washington, D.C., quotes a study that says otherwise, but an independent study conducted by the University of California in San Francisco, published in January of this year, measured data from more than 15,000 women who sought abortions at an urban clinic. Nearly 43 percent of women chose to view their ultrasound, but 98.4 percent of those who viewed it still terminated their pregnancy. Out of the 15,000, 98.8 percent of women still followed through with their abortion procedure.

“If there’s any kind of devastation, like in a case of rape or a pregnancy terminated for medical reasons, why would you want to traumatize someone like that?” Terrell said. “It’s cruel, and it’s so intrusive. It’s about shaming the woman.”

In January of this year, a federal judge struck down a law in North Carolina requiring medical providers to describe the fetus in detail, even if the patient asked to the contrary, declaring it unconstitutional.

“We have our job. We have to provide the care,” Terrell said. “So, who’s fighting the fight? I hope that maybe some lights went on for people in this Amendment 1 battle — that [abortion] might actually be unavailable to people in our state. Legislators do pay attention when they hear from their very own districts, so don’t think your voice is unimportant. It can have an impact.”

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What Happens Next?

If women have no access to abortion in Tennessee, what happens next?

What happens to women, pregnant as the result of rape, who don’t want to carry the trauma inside them for nine months? What happens to women who simply can’t afford another child – financially or emotionally?

Those who back the first constitutional amendment on the November 4th ballot do not want you to consider what happens next.

If Amendment 1 passes, Tennessee’s Republican-controlled legislature will enact enough abortion restrictions to make Roe v. Wade meaningless.

Whether it’s mandatory waiting periods or medically unnecessary hurdles for a procedure with a lower rate of complications than a colonoscopy, draconian measures adopted in other states would surely find a home here.

“If this passes, it opens the floodgates,” said Allison Glass, state director of Healthy and Free Tennessee, which promotes reproductive rights.

The fight over Amendment 1 exposes the hypocrisy of pro-fetus, anti-child conservatives who bark for smaller, less intrusive government while maneuvering their way into women’s personal affairs.

What the legislature won’t do is abandon a foolhardy commitment to abstinence-only sex ed in public schools, find money for universal pre-K, or persuade Governor Bill Haslam to save more than 800 lives annually by accepting federal money to expand Medicaid.

Here’s what the proposed amendment says: “Nothing in this Constitution secures or protects a right to abortion or require the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.”

You read that right. The decision to outlaw abortion even in the stomach-churning case of incest would be left in the hands of state legislators, 83 percent of whom are men.

That prospect worries Rebecca Terrell, executive director of the reproductive health center, Choices. Terrell spends a good bit of her time these days debunking “Yes on 1’s” talking points, which include the fact that 25 percent of abortions in Tennessee are performed on women who live out of state. 

In Mississippi, which has just one abortion provider, 2 percent of abortions were obtained by women who live out of state. The reason why women come to Tennessee to get an abortion is no different than the reason why children with cancer come from around the globe to St. Jude Children’s Research Hospital.

“They say it’s an abortion destination,” Terrell said. “It’s really a health-care destination.”

On Saturday, Terrell was among 200 people gathered in First Presbyterian Church’s parking lot for what was billed as a get out the vote rally, complete with a bounce house for kids and toe-tapping music. At a break in the music, “No on 1” field director Gail Tyree took to the stage and led the crowd in a call-and-response.

“All you need to know,” she yelled. “No on 1!” the crowd yelled back.

More energy, money (nearly $2 million raised so far), and national attention have been directed at the Amendment 1 battle than at any other constitutional amendment in recent history. Terrell and others are trying to be sure they stay on the right side of the line that prohibits 501(c)3s from lobbying.

A healthy roster of Christian ministers and other faith leaders, both white and black, are firmly in the “No on 1” camp.

“As people of faith, we are and should be concerned about the impact of any legislation that might limit access to basic needs for survival for people who are already at risk,” said Rev. Faye London, interfaith coordinator for SisterReach, a reproductive rights organization. “As I’ve traveled across the state, most of the clergy I’ve encountered, whether they’ve been able to say it out loud or not, feel the same way.”

London is careful not to directly advocate against Amendment 1, but is frank about the high stakes. Access to abortion, she says, is a basic need. “The ability to build the life that is going to be healthiest for you and your family is a basic need.”

A May poll by Vanderbilt University found that 71 percent of voters opposed giving the state legislature authority to regulate abortions.

A No vote on Amendment 1 gives women facing an unintended pregnancy, not legislators, the right to decide what happens next.

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Amendment to Tennessee Constitution Threatens Abortion Access

If an amendment to the Tennessee Constitution is approved by voters in November, state legislators will have the ability to pass all manner of restrictions on abortion.

“They’ll be able to pass a whole slew of regulations here, the same kind of regulations that are closing clinics all over the country,” said Rebecca Terrell, executive director of Choices Memphis Center for Reproductive Health.

Those include 72-hour waiting periods between the initial doctor consultation and the procedure, mandated counseling that opponents of the amendment fear may include misleading information about abortion risks, and requiring that all second trimester abortions be performed in a hospital, among others.

“It’s not a change in law. It’s an amendment to our constitution. The language is flawed and dangerous and gives carte blanche to the legislature to ban abortion, even when a woman’s health is in danger or if she is a victim of rape or incest,” said Ashley Coffield, executive director of Planned Parenthood Greater Memphis Region, which launched a “Vote No on 1” campaign last week.

In 2000, the Tennessee Supreme Court found that a woman’s right to a safe and legal abortion is part of a “fundamental right to privacy,” making privacy rights in the state broader than those provided in Roe v. Wade, the landmark 1973 Supreme Court decision that ruled that 14th Amendment privacy protections extended to a woman’s decision to have an abortion.

Because those privacy protections were found to be broader in Tennessee, that 2000 court decision meant several restrictions passed by the General Assembly in 1998, such as the aforementioned waiting periods and counseling, were unconstitutional. Now, if Amendment 1 passes in November, the legislature will have the ability to bring back those restrictions overturned by the court in 2000.

In the states surrounding Tennessee, similar regulations have closed many abortion clinics and patients from other states must travel to Tennessee for the procedure.

The proponents of changing the constitution to allow for abortion restrictions have launched an aggressive “Vote Yes on 1” campaign, and they’re claiming Tennessee is the third most popular “destination for out-of-state abortions.”

“Mississippi has one clinic, and they’re trying to close that. Half the clinics in Louisiana are closing. Texas went from 64 clinics to six. Where are people supposed to go? The fact that we’re still up and running and seeing patients in Tennessee drives them crazy,” Terrell said.

Coffield says that even pro-lifers should be against changing the state constitution to limit privacy rights.

“Not all of us agree about abortion, but I think we can agree that we can’t stand in another woman’s shoes and make a difficult decision for her when she may be faced with a cancer diagnosis or a rape or an incest,” Coffield said.

To fight the passage of Amendment 1, Planned Parenthood has hired a full-time community organizer in AFSCME Director Gail Tyree. She is organizing 13 community action teams to canvas and phone-bank for the “Vote No on 1” campaign prior to the November election.