Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Friday, April 2, 2021

Proposed TN Abortion Bill Would Give Fathers Veto

Tennessee Abortion Bill: Fathers Would Get Veto, No Rape Exception

 In an effort to further restrict abortion in Tennessee, two state  lawmakers have introduced legislation that would allow a father to deny an abortion without the pregnant woman's consent.

The bill, sponsored by state Republicans Sen. Mark Pody and Rep. Jerry Sexton, would give a man who gets a woman pregnant the veto power to an abortion by petitioning a court for an injunction against the procedure.

Tennessee lawmakers already passed one of the nation's most restrictive abortion laws last year, although much of it is held up with legal challenges from abortion rights advocates. The ongoing court battle could stretch for months if not years.

Despite the outlook for potential lawsuits, state lawmakers appear adamant in pushing for stricter abortion laws this legislative session. Including Pody and Sexton's legislation, six bills to further restrict abortion have been filed this year

Pody said Wednesday that he introduced his bill after a Tennessee resident expressed concerns that fathers do not have a say over abortion under the current law. He said his bill would assure fathers' right to make a decision about an unborn child.

"I believe a father should have a right to say what's gonna be happening to that child," Pody said

The US Supreme Court declared a spousal veto to be unconstitutional in Planned Parenthood of Missouri v. Danforth (1976), and spousal notification to be unconstitutional in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992).

https://lawprofessors.typepad.com/gender_law/2021/04/proposed-tn-abortion-bill-would-give-fathers-veto-.html

Abortion, Constitutional, Reproductive Rights | Permalink

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