Why To Vote Yes On Amendment One - And Response (2)

  • Thursday, October 23, 2014

I am still troubled about an editorial of several weeks ago on how women should not have to have government tell them what they can and can’t do with their own bodies.  Today I saw the advertisement being shown in Chattanooga.  There are so many untruths in it that I can’t just sit by and do nothing.  

The editor was misinformed about what the Amendment One actually does.  Mainly “Yes on 1” will regulate and inspect abortion clinics so that the lives of those women who go to have an abortion will be safer.  It will require women to go to a hospital, if they are at risk and have to have a partial birth abortion.  Someone recently went to prison in another state, for causing the death of a number of women because of unsanitary abortion room conditions.  There are no regulations on Tennessee abortion clinics.

“Yes on 1” will change that for the health and safety of women. 

And most important women are not being told what is about to happen to their bodies;” Yes on One” will make informed consent mandatory.   Would anyone want to have surgery and not know what the doctor is going to do to their body. 

Wake up and smell the money that is being poured in to a growing industry in Tennessee that is not regulated or inspected.  Buses loaded with women from other states are pouring into Tennessee because abortion on demand means abortion clinics can do whatever they want, right or wrong, and not be caught,  because they are free from the scrutiny of government.  

If you have a heart for women and their safety then Vote yes on Amendment One. 

Lill Coker 

* * * 

I’m sorry, Mrs. Coker, but you are wrong.  Amendment 1 was not created to regulate or inspect abortion clinics.  In case you haven’t seen it, here is the amendment: 

“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.”  

Do you see any mention about regulations or inspections of clinics?  No you don’t.   I’m sorry, Mrs. Coker, but you are wrong.  There are regulations on Tennessee abortion clinics.  “Every state has their own abortion laws that cover standard consent requirements, facility codes, and waiting periods.  Along with these regulations, the  Volunteer State also requires a fully licensed doctor to perform the procedure, and unemancipated minors get prior consent from at least one parent.”  Below are Tennessee’s abortion laws (information provided by http://statelaws.findlaw.com/tennessee-law/tennessee-abortion-laws.html): 

Tennessee’s abortion laws are highlighted in the chart below.

Code Section

39-15-201 to 209; 37-10-301 to 307

Statutory Definition of Illegal Abortion

(1) Failure to meet standards for legal abortion including residency requirement; (2) attempted criminal abortion; (3) coerced or compelled abortion; (4) administering to pregnant woman medicine, drug, or any substance, or using any instrument or other means with the intent to destroy the child; (5) Partial Birth abortion: no person shall knowingly perform a partial birth abortion except when necessary to save life of the mother if endangered by a physical disorder, illness, or injury. "Attempting to procure miscarriage" is also a felony, subject to same exceptions for legal abortions.

Statutory Definition of Legal Abortion

First trimester: with woman's consent upon advice of her M.D. After first trimester and before viability: with same, but in a hospital. After viability, only if necessary to preserve life or health of mother.

Penalty for Unlawful Abortion

Criminal abortion: Class C felony. Attempting to procure a miscarriage: Class E felony. M.D.'s failure to use due care to preserve life of baby born alive or violation of 48-hour waiting period: Class E felony; abortion on non-Tenn. resident: Class C felony; coercion to obtain abortion: Class A misdemeanor; M.D.'s abortion on minor violating consent statute: Class A misdemeanor.

Consent Requirements

At least one parent must consent to abortion to be performed on minor; no parental consent necessary if emergency; minor may petition court for waiver.

Residency Requirements for Patients

Mother must produce to M.D. evidence she is bona fide resident prior to procedure except in medical emergency, (but M.D. must still give information to mother)

Physician Licensing Requirements

First trimester, licensed M.D. upon his medical advice and woman's consent; after first trimester to viability, licensed M.D., licensed hospital; after viability, only to preserve life of mother 

I’m sorry, Mrs. Coker, but you are wrong. “Every state requires that a patient consent before undergoing medical treatment and that the consent be 'informed./ Three interrelated elements underlie the long-standing tradition of informed consent: Patients must possess the capacity to make decisions about their care; their participation in these decisions must be voluntary; and they must be provided adequate and appropriate information.”  (Quote provided from http://www.guttmacher.org/statecenter/spibs/spib_MWPA.pdf )

I’m sorry, Mrs. Coker, but you are wrong.  There are not buses loaded with women from other states coming into Tennessee.  You are misinformed.  As the law states, you have to be a resident unless it is a medical emergency. 

I have a heart for women.  I am woman.  And I choose to make informed decisions based on state laws, federal laws, and non-biased, scientific data that is readily available to the public should you choose to look and become informed yourself. 

Sarah Stocker 

* * * 

I’m sorry, Sarah Stocker, but you are wrong.  Factually wrong. 

Factual error number 1:  Let us start with Sarah Stocker’s unconstitutional statement, “There are regulations on Tennessee abortion clinics.”  I’m sorry, Sarah Stocker, but you are wrong.  The fact is in 2001 the Tennessee Supreme Court declared those “regulations” to be unconstitutional.  So current Tennessee Law can not recognize or enforce your, “…regulations on Tennessee abortion clinics.” 

Factual error number 2:  I’m sorry, Sarah Stocker, but you are wrong to quote Tennessee legislation while falsely referring to the legislation as “Tennessee’s abortion laws.”  The fact is all legislation declared unconstitutional is not legally recognized as, “laws” and cannot be enforced by any Tennessee government authorities.  

Factual error number 3:  I’m sorry, Sarah Stocker, but you are wrong to rely on the shoddy scholarship found on your findlaw.com web page.  Most of its web page is dedicated to quoting out-of-date legislation, wrongly implying it is current. 

Factual error number 4:  I’m sorry, Sarah Stocker, but you are wrong to rely on the findlaw.com editorial that falsely claims the legislation it quotes are, “Tennessee’s abortion laws ....”  Again, legislation declared unconstitutional by the Tennessee Supreme Court, though still on the books, is not law and cannot be enforced. 

Factual error number 5:  I’m sorry, Sarah Stocker, but you are wrong to rely on the shoddy scholarship found on your guttmacher.org web page.  None of their statements you quoted are enforced in Tennessee law although for purely political purposes some abortionists may volunteer for legally toothless inspections. 

Factual error number 6:  I’m sorry, Sarah Stocker, but you are wrong to place your sincere faith in everything readily available to the public or published on the internet.  The findlaw.com and guttmacher.org web pages are remarkable examples of why you can’t trust everything published on the internet. 

Amendment 1 was created to enable the very Code Sections Sarah Stocker quoted to become enforceable Tennessee Law.  If you want the quoted legislation, including its “Statutory Definition of Illegal Abortion,” “Statutory Definition of Legal Abortion,” “Penalty for Unlawful Abortion,” “Consent Requirements,” “Residency Requirements for Patients,” and “Physician Licensing Requirements” to become Tennessee law in 2014 then vote Yes on Amendment 1. 

Donald O'Connor
Chattanooga

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