Friends, We need “…just a little bit…” of Aretha Franklin reminding everyone that what women need and deserve is R-E-S-P-E-C-T from the Tennessee Legislature, which is truly hard to find, even with all the amazing advocacy that individuals and particularly our Democratic Legislators have sought for all of us.
On Tuesday of last week, the House Population Subcommittee discussed but declined to pass Pro-choice bills brought forward by the Democratic caucus. While this was not surprising, Legislators and advocates were very much dismayed as they were merely seeking to make the lives of all women in the State safer and less scary. Please thank our Democratic allies on this committee (link above).
But the struggle goes on. Tomorrow, 3/11 at 1:00 PM, the Senate Judiciary Committee will vote on the Pregnancy Decriminalization Resolution, SJR 351. The Statement of Intent for this bill, put forward by Senator London Lamar:
“Affirms the General Assembly's attempt to protect pregnant people, their friends, and their families.”
Please make calls and send emails to the committee members letting them know that you want to ensure that no pregnant Tennessean or their loved ones should ever fear investigation or arrest for the outcome of their pregnancy! Thanks to Healthy and Free Tennessee, you can Download the toolkit here.
Then on Tuesday, March 13 at 12-Noon the House Insurance Subcommittee will consider HB2635 sponsored by Representative Sam McKenzie, which allows TennCare beneficiaries to get a 12-month supply of birth control pills at one time. Its companion bill, SB1919, sponsored by Senator Raumesh Akbari, passed the Senate on Monday, 3/4 (see my previous Note sent yesterday.) Please make calls and send emails to the House Insurance Subcommittee members asking for the passage of this bill (link above).
Thanks for your continued interest. We could use some good news during Women’s History Month. Her-Story is still being told and we are making it together!!
In solidarity, Michele
3/5/2024: Population Health Subcommittee
Representative Harold Love, Jr. introduced HB2227 (SB1918 co-sponsored by Raumesh Akbari) which,
“…states that the term "abortion," as defined for the offense of criminal abortion, does not include the use of contraceptives, including any device, medication, biological product, or procedure that is intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, or the disposal of embryos resulting from fertility treatments, including healthcare services, procedures, testing, medications, treatments, or products.”
Two persons testified in support of this bill. The first was Kelli Nowers speaking in her role as a Mom whose two children were born with the help of IVF (In-Vitro Fertilization).
The second was Courtney Joslin, Fellow at the R Street Institute, a right-of-center- policy research organization studying reproductive health policy.
Representative Caleb Hemmer asked Joslin her opinion on what role this bill would have in protecting IVF and fertility care.
Hemmer followed up with a question about what women have been expressing worries about since the Alabama ruling on IVF and what recommendations she has for Tennessee about how to ensure something similar does not happen here.
Representative John Ray Clemmons asked Joslin to respond to claims he has heard from other lawmakers that this type of clarifying legislation is not necessary.
Clemmons then asked Joslin to speak to what exactly this clarifying legislation would protect against.
Representative Sabi Kumar leaned into Nowers, asking her whether she had excess embryos after her IVF treatment and what she did with them (REALLY!) which she handled beautifully.
Love then directed the Committee to the reality that Alabama Legislators are just now passing clarifying legislation that embryos are not protected fetuses unless they are implanted in a woman, in response to the recent Alabama court ruling that had determined unutilized embryos from IVF treatment could not be disposed of at the discretion and direction of the woman whose eggs these were.
Clemmons added that this bill offered by Love is a simple and straightforward bi-partisan piece of legislation just seeking to protect contraception and IVF access by women in Tennessee, as is being done in Alabama and numerous other Southern states. And that even former President Trump (!) has waded into this conversation to encourage Legislative protection of IVF. Love asked Tennessee Legislators to just do what is right.
Love went on to say that bills are often clarified at one session if they were unclear from the previous session. He urged the Committee not to delay passage as this would make families wait in limbo, just as happened in Alabama.
Clemmons followed up with a caution that the Committee should protect women by codifying access to IVF and contraception to avoid the problems that the Alabama court decision created. The plaintiffs in that case had not expected IVF clinics to be shut down as a result of seeking redress when their embryos were destroyed accidentally by clinic employees. Clemmons said he did not want Tennesse families to be at the whim of an activist Judge and passing this law would prevent misinterpretation of Legislative intent to protect access.
Republican Representative Ron Travis, who had signed onto the legislation stated he was now unclear about what the law says and Love responded that this is exactly why this bill is needed, so everybody knows that contraception and IVF are not abortion and this is codified in the law, instead of relying on an opinion by the current Attorney General.
Clemmons then asked Love to clarify his use of the word embryo, that it is BEFORE implantation.
*** The legislation failed along party lines.
Representative Aften Behn was up next. After saying she was disappointed about the defeat of Representative Love and Senator Akbari’s bill, she expressed excitement for the opportunity to talk about her bill (HB1626) along with her Co-sponsor Senator London Lamar (SB1590), which outlines their vision for reproductive justice in Tennessee. As introduced, this bill enacts the "Fundamental Right to Reproductive Health Care Act."
This legislation would safeguard Tennessean’s freedom to make personal decisions about their reproductive care. She went on to say that all Tennesseans should have the right to decide if and when to have a family and thereby craft their own future, free from government interference.
Lamar said that this bill would restore the right to an abortion in Tennessee, which women had had for over 50 years before the Dobbs decision. It would also re-establish abortion as a fundamental healthcare right for all women. Lamar referred to the high rate of infant and mother mortality and morbidity in Tennessee and why the State’s extreme abortion ban puts the lives of more mothers at risk.
Jennifer Pepper introduced herself as the President and CEO of Choices, a center for reproductive health care based in Memphis. Choices respect each woman’s right to take care of their pregnancy as they deem fit, whether to end their pregnancy or grow their family. Choices operates the only birth center in Memphis and one of only two in the State. Pepper envisions a world where everybody can have the family they want, when and how they want to have it. She went on to say that abortion bans do not stop abortion and by bringing this right back to Tennessee the Legislature would be providing support to all of our families.
Hemmer asked Lamar to expand on her perspective as to why this legislation is necessary in Tennessee. Lamar talked about the challenges of the current abortion prevention laws and her personal experience of almost losing her life when she almost died during her first pregnancy. and she lost her baby. Today, women are at risk of dying due to the current abortion ban. She went on to say Tennessee is failing to care for the children alive today in the State. Amid the Chair trying to cut her off, Lamar continued to say that Tennessee has not created a state where children and women are healthy.
Clemmons commented that he missed Lamar since she vacated her House seat to become a Senator. He also missed seeing her son, whom she birthed this past year. He then asked her to elaborate on why access to care should be the rule rather than the exception in states like Tennessee, the impact on her physical and mental health from losing her first pregnancy, and why this legislation is so important to her. Lamar’s sharing of her life experience is truly heart-wrenching, including testimony about the death and near death of her relatives from health complications during pregnancy: “Until you have to bury YOUR child…”
Behn then made her final pitch for passage of this bill, citing the “tens of thousands” of Tennesseans who disagree with what is happening right now in Tennessee and are “standing up for reproductive access… and for a state that resoundingly believes in that.”
***Even after such moving testimony and deep questioning, the bill failed along party lines.
Next up was Gloria Johnsons bill, HB1943 (SB1804 by Oliver.) As introduced, it enacts the "Tennessee Contraceptive Freedom Act."
Johnson began by requesting a roll-call vote. She then introduced her bill, which would “guarantee the right for all Tennesseans to use or refuse the contraceptive method of their choosing and ensure access to those contraceptive methods.”
The Dobbs decision rejected the idea that all Americans have a right to reproductive privacy. Instead, “our right to make decisions about if, when, and how we start or expand our family is now up to the state.” She went on to say that in Tennessee, birth control is already under threat. She shared that she knows this because an audio tape caught extreme interest groups speaking to Tennessee lawmakers about their plan to restrict fertility care and birth control in the next few years. Johnson provided statistics to support the need to protect women’s right to access the contraceptive care of their choice.
Two individuals provided testimony in support of this bill. Dr. Amy Gordon Bono was the first, speaking as a concerned physician whose patients are frightened about the risk of losing access to contractive care.
The second was Bailey Jones who movingly related that she was there as a concerned citizen, mother, and sexual assault victim speaking as to why contraceptive care is critical for all women in Tennessee.
Clemmons asked Jones to make a final statement. She pled with the Committee to think about the women they love and then think of them being in her position- because rape can happen to anyone- and she expected that they would then want to ensure their right to protect themselves from a traumatic pregnancy.
Reflecting on the testimony from Dr. Bono and Jones, Clemmons commented that the statistic that 90% of females between the ages of 18-64 have used contraceptives at some point in their reproductive years “is pretty staggering” and it “seems like something worth protecting.”
Johnson responded that it is pretty sad that women are not trusted to decide when and if to start or expand their family. She went on to say that it is particularly critical to protect contraceptive access now because of the audio tape documentation that right-wing, anti-choice lobbyists are planning to cut off access. She added that contraceptive devices help to stop the spread of sexually transmitted infections.
Johnson reiterated that numerous women use contraceptives for a range of medical issues, not just to prevent pregnancy. Clemmons expressed his astonishment that this legislation is needed today and that his wife strongly agrees with him. He asked his colleagues to support this bill because the fact that Courts and others are talking about limiting access to contraceptive care “Should scare the heck out of every one of us.”
Johnson spoke about the need to support women in making a family plan and having access to whatever contraceptive method works best for them would be enshrined in the code if this bill were passed.
Hemmer commented on the recent FDA decision to provide over-the-counter birth control pills across the US. Also, polls show over 90% of Americans support access to contraception but the Dobbs decision could bring this into question. He asked Johnson why this bill is so essential and she said that the way Dobbs is worded, they could change how contraceptive care works in Tennessee. This is a particular concern, given the recorded comments of lobbyists, so it is critical to protect contraception and IVF by codifying it in the Tennessee law to protect Tennessee families.
Johnson indicated there is no ambiguity in the law she is proposing. She referenced a bill this past week outlawing vaccines in lettuce and tomatoes when no such thing is happening in the State. The Chair interrupted, saying Johnson was “off bill.” Johnson countered that her response went to the heart of the questioner’s argument, that her bill was not necessary. Johnson reiterated there are tapes saying, “They are coming after birth control and IVF.”
Just to give an idea about the inane level of questioning, Republican Kumar, who goes by the moniker “Doc,” questioned whether contraceptives stop the spread of STDs, when everyone knows that condoms are highly recommended for this purpose. At that point, the medical personnel in the room burst into gasps and laughter. Kumar then questioned the veracity of tapes of lawmakers discussing the outlawing of contraceptives.
Rather than focusing on his medical misstatement (by a doctor?!), when Johnson responded that she would share the tape with him, Kumar said “…there are all kinds of tapes on the internet.” Johnson countered, “Why not go ahead and vote for it” at which point Kumar backed off, saying “Nobody is trying to ban it.”
*** Johnson’s bill was also defeated on a purely partisan vote.
In summation, it is clear that Republicans have no interest in protecting a woman’s right to ANY control over their own body. If their unwillingness to protect even the most simple access to contraception does not trouble you, please think of your sister, daughter, granddaughter, niece, auntie, friends, acquaintances- every beloved person in your orbit who needs you to speak up clearly and concisely on their behalf so at some point Legislators will be persuaded to enshrine reproductive healthcare protections into law in Tennessee.
TAKING ACTION TODAY is critical and VOTING TOMORROW is essential!!
 | A guest post by
|