Pro-life allies in Tennessee won an important court victory last week.
On October 1, 2018, the U.S. Supreme Court decided not to consider a legal challenge to Amendment 1. Amendment 1 was a 2014 state ballot measure in Tennessee in which voters removed the “right” to abortion from their state’s constitution. According to Tennessean.com, Amendment 1 was proposed in response to a 2000 decision in which the Tennessee Supreme Court held that the state constitution guaranteed a “right” to abortion that was broader than the so-called federal “right” to abortion.
After Amendment 1 passed, abortion supporters filed a lawsuit claiming that a procedural requirement set forth in the state constitution was not followed in connection with the Amendment 1 vote. After a federal district court ruled against Amendment 1, the Sixth Circuit Court of Appeals reversed that decision and ruled in favor of the state.
The Supreme Court’s decision not to hear this case allows Amendment 1 to remain in effect in Tennessee. In practical terms, this means that the state will have a better chance of defending pro-life laws that were passed after Amendment 1; one such law is also facing a court challenge. Furthermore, the Court’s decision also means that if Roe v. Wade is overturned, there will be no state constitutional barrier preventing Tennessee from passing a law that makes abortion illegal. May that day come soon, for the sake of the unborn.
New Yorkers for Constitutional Freedoms congratulates our state allies at the Family Action Council of Tennessee for its part in this victory.