NASHVILLE, Tenn. (WTVF) — A Tennessee lawmaker has filed legislation that would treat abortion as criminal homicide, potentially exposing women who obtain abortions to felony charges — and in extreme cases, the death penalty.
Tennessee already has an abortion ban on the books, but current penalties apply only to physicians who perform the procedure.
State Rep. Jody Barrett (R-Dickson) wants to go further, filing legislation that would make mothers open to felony assault or homicide charges if they obtained an abortion. Barrett says the bill is about equal protection under the law.
"Murder should be murder, whether it's a person in being or a person in utero," Barrett said.
I asked Barrett directly about the criticism that the bill unfairly targets mothers.
"I think that's a talking point saying that you're targeting mothers. We're not targeting mothers. We're targeting unborn children and trying to protect them and give them the protection under the law for you and me," Barrett said.
The legislation has drawn sharp criticism from Democrats, who warn that the way the bill is written could make some women eligible for the death penalty. "We have Republican lawmakers in this building pushing to put women to death for simply having an abortion," State Sen. Charlane Oliver (D-Nashville) said.
The word "death penalty" does not appear anywhere in the amendment's text, but the legislation does say abortion is subject "to the same presumptions, defenses, justifications, laws of parties, immunities and clemencies as would apply to the assault of a person who had been born alive."
When I asked Barrett about it, he acknowledged the death penalty could apply but downplayed the possibility, calling it highly unlikely.
"A simple examination of the death penalty in Tennessee would show that that's just not realistic. Now, do I have to admit that the death penalty is a possibility? Sure. But since the death penalty was reinstated in Tennessee in 1977, there's been less than 200 people sentenced to death, and only 16 have actually been executed — none of them women," Barrett said.
The bill does include exceptions, among them cases where the mother's life is in jeopardy and cases involving spontaneous miscarriages.
It's important to note that Barrett's amendment hasn't been formally filed and added to caption bill HB 570. You won't find it on the state's online legislative database. Barrett provided NewsChannel 5 with an advance copy of the drafted amendment language. It could be added to the bill as early as next Tuesday in the House Population Subcommittee. State Sen. Mark Pody (R-Lebanon) is listed as the amendment sponsor in the Tennessee Senate.
Democratic lawmakers say the stakes are too high to dismiss.
"We should be very scared. That is a very, very scary step the state is about to take," State Rep. Aftyn Behn (D-Nashville) said.
"This is what this body is responsible for doing to women and family," State Rep. Gloria Johnson (D-Knoxville) said.
Barrett maintains the bill reflects a core value. "There's value in every life," Barrett said.
Do you have more information about this story? You can email me at Chris.Davis@NewsChannel5.com.
The Jefferson Street Sound Museum is a great little gem in North Nashville. The founder and curator turned his home into a museum to keep the legacy of historic Jefferson street alive. Now, it's been named a stop on the U.S. Civil Rights Trail. Aaron Cantrell takes us inside.
- Lelan Statom
