Overview:
Democrats in Tennessee are pushing for a bill to codify Tennesseans' rights to birth control and fertility treatment after a similar push failed during the last legislative session. The bill, introduced by Sen. Raumesh Akbari, clarifies a Republican-backed law making abortion a Class C felony, explicitly noting that contraception birth control pills and fertility treatments like in vitro fertilization are not criminal. The bill is motivated by an unprecedented Alabama Supreme Court ruling which deemed unimplanted embryos used in IVF treatments human beings. Akbari hopes the moderate bill, which does not roll back any of the Republicans' existing restrictions on abortion, will pass as a safeguard for reproductive health and women's health generally.
Democrats are back with a bill to codify Tennesseans’ rights to birth control and fertility treatment after a similar push failed during the last legislative session.
Sen. Raumesh Akbari (D-Memphis) introduced a bill Wednesday that would clarify a Republican-backed law making abortion a Class C felony, explicitly noting that contraception birth control pills and fertility treatments like in vitro fertilization are not criminal.
While birth control and IVF are currently legal in Tennessee, Akbari says the bill is necessary as reproductive freedoms have been consistently challenged in red states since the 2022 Supreme Court decision to overturn Roe v. Wade.
Motivated by an unprecedented Alabama Supreme Court ruling this spring which deemed unimplanted embryos used in IVF treatments human beings, Akbari and Rep. Harold Love Jr. (D-Nashville) tried to pass a similar bill late last session which failed in subcommittee.
“That’s when it really came on to people’s radar,” Akbari said. “I think that Alabama court decision really shook a lot of people up.”
Akbari said that while Democrats may introduce other reproductive rights legislation, her current bill is not intended to protect the right to medications like mifepristone, other so-called “abortion pills,” or other means of ending an existing pregnancy, but is focused narrowly on pregnancy prevention and IVF.
In the upcoming session, Akbari says she hopes the moderate bill, which does not roll back any of the Republicans’ existing restrictions on abortion, will pass as a safeguard for reproductive health and women’s health generally, noting that many people take hormonal birth control for other reasons.
“I have not really had the opportunity to talk to my Republican colleagues about this issue, but I do know it’s something that seems to be supported by Republicans across the country now,” she said, noting that President-elect Donald Trump and others have recently come out in support of IVF.
The failed iteration of this bill received support from Rep. Ron Travis, a Republican from Dayton, who co-sponsored the bill in support of IVF. Travis did not respond to requests for comment on Thursday.
When asked if this or any other planned legislation would protect access to contraception and IVF, Akbari said preventing criminalization was probably enough.
“It protects people from being [prosecuted] for using it, which I think really will protect access,” Akbari said.