The Sixth Circuit Court of Appeals has upheld a 2014 Tennessee ballot amendment that removed the right to an abortion from the state constitution.
Amendment 1 won by a 53 percent margin. Eight voters had sought a recount. They won at the trial court level.
David Fowler of the Family Action Council of Tennessee hailed the decision. He said, "Today, by a 3-0 opinion, the 6th Circuit Court of Appeals upheld the vote in 2014 by the people of Tennessee to amend their state Constitution to strip out a 'right to abortion' that our Tennessee Supreme Court found in our state Constitution back in 2000! To our knowledge, it is the first-ever vote in the United States to overturn a 'constitutional right' to abortion at the state level.
"This victory began 17 years ago this month when the first resolution that would become this constitutional amendment was filed. It took 10 years to get it through the legislative process. And it's been tied up in court since November 2014.
"Here is one of our favorite quotes from the Court's opinion: 'Plaintiffs' arguments amount to little more than a complaint that the campaigns in support of Amendment 1, operating within the framework established by state law, turned out to be more successful than the campaigns against Amendment 1.'
"There were so many over the years who played an important part in this great victory for life and the rebuke its passage was to the Tennessee Supreme Court justices (all retired) who created a right that was never there in the first place. A special thanks, though, to the legislators who voted to put it on the ballot and to our friends at Tennessee Right to Life and those who served on the Amendment 1 campaign committee. And a special thanks to the Author of Life for His faithfulness in defending and vindicating the value of that which He created - human life."
House Republicans Leaders, including Republican Caucus Chairman Ryan Williams (R-Cookeville) and House Majority Leader Glen Casada (R-Thompson’s Station), also applauded a federal court’s decision "to protect Tennessee’s unborn children."
They said, "Passed in 2014, Amendment I restored the right of Tennessee citizens to have a voice regarding the state’s pro-life stance. The measure also empowered the Republican-led General Assembly to amend and repeal state laws related to abortion."
“Today’s ruling is a tremendous victory for the citizens of this state and for our most innocent,” said Chairman Williams. “As Republican leaders, we have a responsibility to support measures that ensure all life is protected, especially our unborn children.”
Republicans said, "More votes were cast on Amendment I than were cast in the 2014 governor’s race - a clear sign that Tennesseans haven been and remain passionate about pro-life issues. Amendment I initially passed by 53 percent of voters in November 2014, but was later challenged by a pro-abortion group and a federal judge in Nashville who opposed the sanctity of life.
"In recent years, House Republicans have fought to protect our state’s unborn children. During the 2017 legislative session, they passed the Tennessee Infants Protection Act; this initiative prohibits abortions after 24 weeks - except in medical emergency - and requires testing to determine viability of an unborn child if a women is at least 20 weeks pregnant. It also holds physicians who perform late-term abortions accountable for their actions."
“The people of Tennessee have spoken, and we hear them loud and clear,” said Leader Casada. “We will continue to fight for our unborn children and give them a voice in our General Assembly because we respect life and the beliefs of the majority of the citizens of this state.”
Here is the opinion of the 6th Circuit.