SisterReach v. Skrmetti (Tennessee)
(2:24-cv-02446-SHL-tmp)
This case challenges a Tennessee measure, SB 1971, that seeks to criminalize helping young people in the state access legal abortion care. The measure, which took effect on July 1, 2024, threatens to punish someone who helps a young person in Tennessee obtain a legal abortion (“helper”)—including in another state—unless the helper secures “written, notarized consent” from the young person’s parent or legal guardian for each form of support they need. SB 1971 forces helpers to turn away young people in Tennessee whose parents have consented to their seeking a legal abortion, but who cannot secure notarization. Extraordinarily, it requires a young person to obtain parental consent even if their pregnancy resulted from sexual abuse perpetrated or facilitated by a parent. Further, SB 1971 is so unclear that helpers cannot determine if their support violates the measure and prosecutors are left with unbridled discretion to target anyone whom they disfavor.
In June 2024, two organizations—SisterReach and Midwest Access Coalition (MAC)—challenged the measure on the bases that it is unconstitutionally vague and has stifled their protected expression. Before July 1, both plaintiffs provided critical information and referrals, funding, and practical support to express respect for and solidarity with young people in Tennessee, and in defiance of politicians’ attempts to impose pregnancy, childbirth and parenthood on them.
Plaintiffs:
Defendants:
Jonathan Skrmetti, Attorney General of Tennessee; Tennessee District Attorney Generals
Co-counsel:
Timeline and Key Documents:
July 12, 2024
Court Hears Oral Argument on the Motion for Preliminary Injunction
June 27, 2024
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