Tennessee Legislative Powers Regarding Abortion, Amendment 1 (2014)
- 1 Aftermath
- 2 Election results
- 3 Text of measure
- 4 Background
- 5 Support
- 6 Opposition
- 7 Media editorial positions
- 8 Polls
- 9 Controversies
- 10 Path to the ballot
- 11 See also
- 12 External links
- 13 Additional reading
- 14 References
The Tennessee Legislative Powers Regarding Abortion, Amendment 1 was on the November 4, 2014 ballot in the state of Tennessee as a legislatively-referred constitutional amendment, where it was approved.
The measure added language to the Tennessee Constitution empowering the legislature to enact, amend or repeal state statutes regarding abortion, including for pregnancies resulting from rape or incest or when necessary to protect the mother's life.
Amendment 1 was placed on the ballot by the Tennessee General Assembly in two separate votes. It was sponsored by U.S. Rep. Diane Black (R-6), who was a state senator at the time of introduction, and State Sen. Mae Beavers (R-17) as Senate Joint Resolution 127.
George et al. v. Haslam et al.
Tracey E. George, Ellen Wright Clayton, Deborah Webster-Clair, Kenneth T. Whalum Jr. and Mary Howard Hayes filed a lawsuit with the US District Court for Middle Tennessee on November 7, 2014. Plaintiffs contend that the method the state used to count election results for Amendment 1 was unconstitutional and violated Section 3 of Article XI of the Tennessee Constitution, which reads that amendments need to be approved “by a majority of all the citizens of the state voting for governor, voting in their favor." The state, according to the plaintiffs, only checked that the total number of votes in favor of the amendment exceeded the total number of votes for governor. However, the state did not check whether each "yes" voter on the amendment also voted in the gubernatorial race. According to plaintiffs, only voters who voted for governor should have their votes on the amendment qualified. This contradicts the tactic used by pro-amendment advocates to increase the amendment's chances of being approved.
Attorneys representing the state argued that the method used to count signatures was based on an interpretation of the constitution influenced by "legislative intent" and "long-standing practice." They are asking the court to dismiss the case.
|ballot measure article has preliminary election results. Certified election results will be added as soon as they are made available by the state or county election office. The following totals are as of 100 percent of precincts reporting.|
|Tennessee Amendment 1|
Election results via: Tennessee Secretary of State Office
Text of measure
The official ballot text was as follows:
|“|| Shall Article I, of the Constitution of Tennessee be amended by adding the following language as a new, appropriately designated section:
Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.
- See also: Article I, Tennessee Constitution
|Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.|
The fiscal note developed by the Tennessee General Assembly Fiscal Review Committee was as follows:
|“||ESTIMATED FISCAL IMPACT:
Planned Parenthood v. Sundquist
Amendment 1 supporters took issue with the Tennessee Supreme Court's 2000 ruling in Planned Parenthood v. Sundquist. The court's ruling struck down multiple laws regulating abortion services, including:
- Requirement that second-trimester abortions be performed in hospitals as opposed to clinics.
- 48-hour waiting period before receiving an abortion requirement.
- Requirement of physician-only counseling before an abortion is performed.
- Exemption to requirements only in circumstances where a woman’s life is threatened.
- Mandate to prove residency.
Supporters of Amendment 1 believed the measure would allow the legislature to enact whatever regulations and restrictions are permitted by the United States Supreme Court. As Sen. Mae Beavers said, "[The amendment] is meant to neutralize the 2000 Supreme Court decision." Some proponents interpreted the Planned Parenthood v. Sundquist ruling as stating that the Tennessee Constitution contained a stronger right to privacy and abortion than even the U.S. Constitution.
The court said the ruling was informed by both the state and federal constitutions:
|“||Accordingly, we must determine whether the scope of the right of procreational autonomy is broader than the analogous right of reproductive freedom protected by the United States Constitution. The Tennessee Supreme Court has already noted that these rights spring from common constitutional roots -- the concept of liberty reflected in the state and federal constitutions...
The United States Supreme Court’s “reproductive rights” decisions are not binding on this court in this case because the challenge to Tenn. Code Ann. §§ 39-15- 201, -202 is based on the Constitution of Tennessee... They can, however, provide helpful guidance for our decision… we should favor a construction of the Constitution of Tennessee that is harmonious with analogous provisions in the United States Constitution.
- 16,373 abortions were performed in Tennessee in 2010. This was a six percent decrease from a decade earlier.
- In 2010, 24.5 percent, or roughly one-in-four, abortions were sought by women from other states. This was a 30 percent increase from a decade earlier.
- The age group most likely to seek an abortion was 10-14. However, this does not mean that this age group had the most abortions, just that the group had the most abortions relative to live births.
- The age group with the most abortions, through not the most relative to live births, was 20-24.
- 47.9 percent of all abortions were performed on white patients. 73.8 percent of the total state population is white.
- 52.1 percent of all abortions were performed on non-white patients. 26.2 percent of the total state population is non-white.
The campaign in support of the initiative was led by Yes On 1.
- Former Sen. David Fowler (R-11)
- Tennessee Right to Life
- Alveda King
- Jim Bob Duggar
- Bishop Richard F. Stika of the Diocese of Knoxville
- Donald Miller, Christian author
A Yes on 1 Tennessee ad, titled "Welcome to Tennessee: Your Abortion Destination."
Dan McConchie, VP of Government Affairs at Americans United for Life, called Amendment 1 "one of the most important ballot measures in the country" and said it would "protect women and children..." The following is an excerpt from an opinion article he wrote for The Tennessean:
|“||Voters will decide whether to take back control of the abortion issue or leave it in the hands of unelected state judges... This is necessary due to the most egregious Tennessee Supreme Court decision on the issue of abortion in U.S. history that has made Tennessee an outlier in the effort to protect women and children from industry overreach and abuse.
For those thinking that a state constitutional amendment may be overkill, in fact its need comes from the state court itself. In his dissent in Sundquist, then-Justice William Barker noted that the only way to allow the people to again, through their elected representatives, re-establish common-sense standards for abortion in Tennessee was for a constitutional amendment...
What the Tennessee Supreme Court did in Sundquist was to eliminate the ability of the people to place virtually any common-sense limits on abortion. In doing so, the court essentially declared that abortion can only be properly exercised when it is almost completely unfettered, resulting in an abortion industry free to exploit women in virtually any way it wants.
Given this, it is clear that the opponents of Amendment 1 are not really defenders of women; they are defenders of an industry that profits off women. 
Other arguments in support of the amendment included:
- Leslie Hunse, the education director for Tennessee Right to Life, argued, “We want our constitution to go back to neutral on the issue of abortion, so we can pass some common sense regulations to protect mothers and children. We are here because there are women who call us everyday who are sad about the abortions that they've had.”
| Total campaign cash |
as of October 30, 2014
As of October 30, 2014, supporters had received $1,686,741 in contributions.
|PAC||Amount raised||Amount spent|
|Yes on 1||$1,664,236||$1,441,332|
|FACT for 1||$13,544||$0|
|Family Action for 1||$8,961||$0|
|Tennesseans for Yes on 1||$0||$0|
|Wiley Russell, Jr.||$25,000|
|Willis J. Johnson||$25,000|
|Grace Chapel Inc.||$15,776|
|National Right to Life PAC||$15,000|
|Yes on 1, Inc.||$15,000|
|Tennessee Right to Life Knox County||$13,650|
Tactics and strategies
Run for 1 Life
On June 28, 2014, supporters held a 5 kilometer walk and run in Murfreesboro to support Amendment 1. Known as "Run for 1 Life," all proceeds from the run went to Vote Yes Tennessee. The purpose of the event was to:
|“||[S]pread the word about pro-life legislation and serve as a fundraising platform to put these laws in place. While there is a time and place for debate, it is often felt that too much talking and too little doing goes on around common sense issues. We’re using fun, positive energy like walking and running to pass legislation that will guarantee our children, and grandchildren’s most basic God-given right is protected – the right to life!||”|
—Run for 1 Life
The run was sponsored by Family Action of Tennessee, Tennessee Right to Life, Joe Carr for US Senate, Jim Tracy for Congress, Rick Peppers for State Representative, Wil-Ro, Inc., Smoothie King and Chick-fil-A of Smyrna. The event was directed by Tim Hooper.
Don't vote for governor
Truth On 1, an organization supporting Amendment 1, encouraged voters to forgo voting in the state's gubernatorial election to "double" their votes on Amendment 1. They did so because the Tennessee Constitution, at the time of the amendment's approval, required that a legislatively-referred constitutional amendment must earn a majority of those voting on the amendment and "a majority of all the citizens of the state voting for governor." Therefore, someone who voted on Amendment 1, but not in the gubernatorial election, increased the likelihood of the amendment being approved. Truth On 1's statement read:
A Truth On 1 ad, titled "Double Your Vote on Amendment 1."
|“||If you vote Yes on Amendment 1, but don't vote in the governor's race, then you actually double the impact of your vote. Don't vote for governor this election cycle.
The reason behind it is a little known law in the Tennessee Constitution that says for a Constitutional Amendment to pass, it must receive 1 more vote than half the number of votes cast in the governor's race.
For example... If a 1,000,000 people vote in the governor's race (it doesn't matter which candidate they vote for), then Yes on 1 needs 500,001 votes to pass. It doesn't matter if 400,000 people vote for Amendment 1 and only 3 vote against it; it will still fail since it doesn't have one more than the total in the governor's race.
I know, it sounds crazy.
It doesn't matter, it's the law.
What does it mean for us? Vote Yes for Amendment 1, but don't vote in the governor's race. The less people who vote for the governor means it takes less votes to pass the threshold set by the State Constitution. In other words, if you vote yes on 1 but abstain from the governor's race, you'll double your vote.
Truth On 1's tactic appeared to convince some people. Unofficial results illustrated that while 1,385,178 people voted on Amendment 1, only 1,352,224 voted in the gubernatorial race. Approximately 32,954 more people voted on the amendment than for governor.
All campaign advertisements for campaigns in favor of the measure can be found here.
Vote NO on One Tennessee, Inc. led the campaign against the amendment.
Lisa Carter, a political strategist, was hired by the Tennessee Democratic Party to aid their campaign against Amendment 1.
- Democratic Party of Tennessee
- Planned Parenthood
- American Civil Liberties Union
- Tennesseans for Preservation of Personal Privacy
- Rev. Adam Kelchner of Belmont United Methodist Church
- Rabbi Micah Greenstein of Temple Israel
- Rev. Rosalyn Nichols of Freedom's Chapel Christian Church
- Rachel Held Evans, Christian author
A Vote No on One Tennessee ad, titled "Dr. Thompson."
Vote NO on One Tennessee, the organization leading the campaign against Amendment 1, argued the following on the group's website:
|“||Amendment 1 is carefully worded in order to deliberately confuse voters about the real intention and motives of those behind the amendment. The people and organizations supporting Amendment 1 have clearly said that they believe all abortion should be illegal, no matter what. When many people read the Amendment, they believe that there will be guaranteed exceptions for women who are victims of rape or incest, or when a woman’s health is in danger.
In simple terms, Amendment 1 says two things:
—Vote NO on One Tennessee, Inc.
David Harper, an executive official for the state’s Democratic Party, said:
|“||What it does—the bill is written very deceptively. And the bill effectively turns over all rights to the state legislature. If you look at that bill and look at what it says, it says exactly that. And the way it’s written is very hard to ascertain what it’s about. It’s not only about the abortion… there’s a real distinct difference between the right to birth and the right to life. So we are opposed to that bill in every way. And the reason for that is just simply, we trust people to have good judgments for themselves and we do not think that the state legislature should be the one making those decisions. They’re very personal and they’re very private. And we respect people to have their own judgments. Now we don’t necessarily agree with them—but we respect them, and we do not think that we should turn that over to the government.||”|
A Vote No on One Tennessee ad, titled "Clergy."
Rev. Adam Kelchner, pastor at Belmont United Methodist Church, criticized the amendment, saying:
|“||We should turn our hearts and our resources to empowering young people with the education and tools necessary to experience the sacred gift of sexuality with health and wholeness. We should value the rights of women and families to follow their conscience when making important decisions about reproductive health care with health-care professionals. We should work to ensure greater dignity and equity for all Tennesseans. The ballot initiative in November rejects a compassionate and just approach to abortion care and reproductive health. That is why I’ll be voting no on the initiative.||”|
—Rev. Adam Kelchner
Other arguments against the amendment included:
- Former Sen. Roy Herron (D-24) critiqued pro-amendment advocates, saying, "Their pitch is that this would make the constitution neutral on abortion. How would they like the Constitution neutral on the Second Amendment so legislators could outlaw the right to bear arms? How about making the First Amendment neutral?"
- Rebecca Terrell, director of the Choices abortion clinic in Memphis, said, "This is the national line in the sand." In 2014, Alabama, Kentucky and Mississippi abortion clinics were more limited in number than in Tennessee. Therefore, women seeking abortions would come to Tennessee, where there were less restrictions. Terrell argued, "Here we stand with this really strong constitution which is protecting women’s rights and access to needed services. If that fails here, where else are women going to go? The bottom line is they don’t want women to have access to abortion here — or anywhere in the South."
- Rabbi Micah Greenstein of Temple Israel asked, "Who decides what's best for a woman's health? A rape victim and her minister, or a religious zealot who would impose his will on all Tennessee women and families? Who decides what's best for a woman's health? Some political candidate or the female cancer patient herself in consultation with her doctor and priest?"
As of October 30, 2014, opponents had received $4,254,862 in contributions.
|PAC||Amount raised||Amount spent|
|Vote No on One Tennessee, Inc.||$4,238,831||$3,781,389|
|Tennessee Students Voting No on 1||$13,931||$13,647|
|Women Matter - Northwest Tennessee||$2,100||$1,926|
|Planned Parenthood of the Great Northwest||$800,000|
|Planned Parenthood of Orange and San Bernardino Counties/PPOSBC Action Fund||$275,000|
|Planned Parenthood Pacific Northwest||$250,000|
|Planned Parenthood of Middle and East Tennessee||$239,500|
|Planned Parenthood Northern California Action Fund||$201,200|
|Planned Parenthood League of Massachusetts||$200,000|
|American Civil Liberties Union||$135,000|
|Planned Parenthood Advocates Mar Monte||$50,000|
All campaign advertisements for campaigns in opposition to the measure can be found here.
Media editorial positions
- The Tennessean said, "Making any type of law immune from a court challenge is shortsighted, prejudicial — and in the case of what should be a woman's own decision about her health — downright dangerous. For those reasons, The Tennessean recommends a vote of NO on Amendment 1."
- See also: Polls, 2014 ballot measures
|Tennessee Amendment 1 (2014)|
|Poll||Favor||Oppose||Undecided||Margin of Error||Sample Size|
4/28/2014 - 5/18/2014
9/24/2014 - 9/25/2014
|Middle Tennessee State University|
10/22/2014 - 10/26/2014
|Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to|
Tennessee Taliban Amendment
Tennesseans for Preservation of Personal Privacy, a pro-choice organization, purchased full-page or nearly full-page ad slots in the state's four largest newspapers. The Tennessean and the Memphis Commercial Appeal declined to publish the image accompanying the ad. The Knoxville News Sentinel and The Chattanooga Times Free Press published the image alongside the ad. The ad's image depicts a man whose head and face are mostly covered by a turban. The turban reads, "Tennessee Legislature." He is holding a scroll, which states, "Amendment #1." He is standing on a woman whose hair says, "Tennessee Women."
The ad was heavily criticized by pro-life and other pro-choice organizations, as well as civil rights groups.
Jennifer Hicks of Yes On 1, the amendment's supporting campaign organization, stated, "It is unfortunate that pro-abortion opponents of Amendment 1 have chosen to open their campaign in such an offensive manner. Taliban rule relates to rape, slavery, murder and brutal degradation of women, not to social policy debates in the state of Tennessee. Those placing the ad should apologize to Tennesseans but especially to those refugees in our state who have been the victims of such cruel regimes." Barbara Moss, treasurer of the group putting out the ad, replied to such criticisms. She argued, "The people that formed this group felt like it was an attempt to control the bodies of women. So that's where they came from with the Taliban part of it."
Jeff Teague, CEO of Planned Parenthood of Middle and East Tennessee, said, "I think the images are disturbing and offensive, and they don’t have any place in this debate." Abby Ohlheiser, journalist for The Wire, criticized the ad. She said, "The amendment, essentially, would give the legislature the ability to pass laws restricting abortion despite those protections. It should go without saying, but the negative effect this measure could have on abortion rights in the state is hardly comparable to what the Taliban actually does."
Remziya Suleyman, Director of Policy and Administration for The American Center for Outreach, contended, “Comparing the Tennessee legislature to the Taliban is absurd. What they don’t realize is the image is offensive, unnecessary and violent. If we care about women, why use such scare tactics and demeaning images to get your message across?” The American Center for Outreach is an educational and advocacy organization for Muslims based in Tennessee. Michel Kaplan, an attorney representing Tennesseans for Preservation of Personal Privacy, replied to Suleyman, saying, "No offense was ever intended to the Muslim community. The cartoon was the expression of the Taliban and Taliban’s treatment of women, and the fear that there are those in the legislature who would like to control women’s rights." Barbara Moss further commented, "Before I would sign off on it, I contacted a dear friend of mine who's a Muslim to ask her if she would be offended and she said no... That could be a Christian man. Anybody who's been to the Middle East — Arab culture, Middle Eastern culture, everyone wears a turban. For goodness' sake, I mean the Sikh community wears turbans. So, I think for me it's that the image itself is depicting men, whether you're Muslim, Sikh, Christian, any man in a turban is equated with violence against women."
Path to the ballot
- See also: Amending the Tennessee Constitution
The Tennessee General Assembly was required to approve the amendment in two successive sessions. In the first session, the measure required a simple majority for approval. In the second session, the proposed amendment needed to earn a two-thirds vote for approval.
During the first session, SJR 127 was approved by the Tennessee Senate on March 23, 2009. The amendment was approved by the Tennessee House of Representatives on May 23, 2009. During the second session, SJR 127 was approved by the Tennessee Senate on April 18, 2011. The amendment was approved as well by the Tennessee House of Representatives on May 20, 2011.
Senate vote (1st Session)
March 23, 2009
|Tennessee SJR 127 Senate Vote|
House vote (1st Session)
May 18, 2009
|Tennessee SJR 127 House Vote|
Senate vote (2nd Session)
April 18, 2011
|Tennessee SJR 127 Senate Vote|
House vote (2nd Session)
May 20, 2011
|Tennessee SJR 127 House Vote|
- Senate Joint Resolution 0127
- The Tennessean's Database: Tennessee Abortion Statistics
- Guttmacher Institute's "State Facts About Abortion: Tennessee"
- Tennessee General Assembly, "Senate Joint Resolution 127," accessed January 22, 2014
- Tennessee Legislature, "Bill Information for SJR0127 (2009)," accessed June 20, 2014
- United States District Court for the Middle District of Tennessee, "George et al. v. Haslam et al." November 7, 2014
- Wall Street Journal, "Federal Lawsuit Challenges Tennessee Antiabortion Amendment," November 14, 2014
- WBIR, "State attorneys ask judge to dismiss Amendment 1 lawsuit," December 15, 2014
- Tennessee Secretary of State, "Proposed Constitutional Amendment No. 1 for the November 4, 2014 General Election Ballot," accessed June 12, 2014
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- Tennessee General Assembly Fiscal Review Committee, "SJR 127 Fiscal Note," accessed April 12, 2014
- Tennessee Supreme Court, "Planned Parenthood v. Sundquist," accessed October 2, 2014
- Commercial Apparel, "Tennessee Senate advances abortion amendment," April 18, 2011
- The Tennessean, "Tennessee abortion numbers drop in past decade," February 18, 2014
- The Tennessean, "Database: Tennessee Abortion Statistics," April 18, 2012
- Yes On 1, "Homepage," accessed June 20, 2014
- Wall Street Journal, "Abortion Fight Hits Tennessee," November 24, 2013
- USA Today, "Campaigns begin push ahead of Tenn. abortion vote," November 4, 2013
- Knoxville News Sentinel, "Political notebook: Alexander backs proposed amendments on Tennessee ballot," July 21, 2014 (dead link)
- Nashville Public Radio, "Anti-Abortion Amendment to Go on Ballot in 2014," May 20, 2011
- WATE, "Activists launch campaigns for and against Tenn. abortion amendment," November 4, 2013
- Chattanooga Times Free Press, "Hamilton County commissioners pass abortion resolution; crowd debate comes after 5-2 vote," October 2, 2014
- Herald-Citizen, "Commission resolution on Amendment 1 is legal," September 26, 2014 (dead link)
- Chattanooga Times Free Press, "Sides gear up for November abortion battle vote in Tennessee," July 18, 2014
- Tennessee Right to Live, "Homepage," accessed June 20, 2014
- Life News, "Duggar Family Rallies for Pro-Life Amendment on Abortion in Tennessee," October 9, 2014
- The Tennessean, "Clergy denounce Amendment 1 on abortion," October 2, 2014
- Story Line Blog, "Is a Balanced View Possible on Amendment 1 in Tennessee?," October 28, 2014
- The Tennessean, "Amendment 1 vital for women's health, safety," September 30, 2014
- WBIR, "Abortion battle looms in East Tennessee," January 22, 2014
- Tennessee Bureau of Ethics and Campaign Finance, "Registered Referendum Committee," accessed October 30, 2014
- Run for 1 Life, "The Cause," accessed June 27, 2014
- Run for 1 Life, "Sponsors of the 5k Walk / Run June 28," accessed June 27, 2014
- Truth On 1, "Homepage," accessed October 29, 2014
- Vote No On One Tennessee, Inc., "Homepage," accessed June 20, 2014
- The Tennessean, "TN Democrats hire strategist for abortion amendment," June 9, 2014
- Chattanooga Times Free Press, "New group will fight Tennessee abortion amendment in 2014," accessed March 11, 2013
- The Daily Beast, "Tennessee Voters Face a Loaded Abortion Question," October 4, 2014
- Macon County Times, "‘Yes On 1’ campaign in full swing," January 29, 2014
- American Civil Liberties Union, "I Stand for Reproductive Freedom in Tennessee," accessed June 20, 2014
- The Tennessean, "Ad likening Tennessee legislature to Taliban draws fire," May 27, 2014
- The Nation, "Will Black Voters Help Protect Abortion Rights in Tennessee?," October 27, 2014
- The Tennessean, "Abortion services must not vanish," January 21, 2014
- Vote NO on One Tennessee, Inc., "Learn More," accessed July 25, 2014
- The Tennessean, "TN abortion rights at crossroads," September 28, 2014
- The Tennessean, "Amendment 1 a power grab, insult to women," October 16, 2014
- Nashville Scene, "New Ad Opposes 'Tennessee Taliban Amendment,' Draws Criticism," May 27, 2014
- The Wire, "Don't Try to Win the Abortion Debate by Comparing the Other Side to the Taliban," May 27, 2014
- Tennessee Legislature, "Bill Information for SJR0127," accessed October 6, 2014
- Tennessee Senate Republican Caucus, "SJR 127 to restore the people’s voice on state’s abortion laws receives super majority needed in Senate to be placed on ballot," April 18, 2011
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