Should women who have an abortion be put to death? That’s the question Tennessee lawmakers are considering thanks to a bill making headlines across the country.
A proposed amendment for Tennessee House Bill 570/Senate Bill 738 would allow the state to charge women who have an abortion with homicide, with punishments ranging from life imprisonment to the death penalty.
The bill specifies that any harm done to an “unborn child” is tantamount to injuries upon a person “born alive,” meaning that terminating a pregnancy is murder. The bill makes no exceptions in cases of rape or incest, though it does not apply to cases of “spontaneous miscarriage,” nor would it apply retroactively to abortions prior to the bill’s passage.
If enacted, the legislation would make Tennessee the most punitive state in the nation when it comes to abortion law.
Pro-life Christians are cheering on the bill, arguing it finally treats abortion as the horrendous crime they allege it is. Meanwhile, pro-choice activists say that the bill is a dangerous overreach by religious politicians seeking to subjugate women.
Is Abortion Murder?
“Murder is murder. I know that’s hard for people to hear, and I don’t mean to be hard with it, I promise,” is what bill co-sponsor Rep. Monty Fritts said when asked about his endorsement of legislation which would result in the arrest and possible execution of hundreds if not thousands of Tennessee women.
“[Abortion should be a] capital crime because we have failed to identify that tiny little, jelly-bean-sized baby as a human being. If we kill a human being, we have to say it is murder."
The bill has drawn broad support from anti-abortion evangelicals, including the Foundation to Abolish Abortion, who states their mission is "to exalt and vindicate the image of God by promoting sound public policy that provides all preborn human beings the equal protection of the laws.”
In a press release, they added that “under this legislation, murdering anyone would be made illegal for everyone, ensuring that all humans made in the image of God are equally protected in accordance with the Tennessee Constitution, the United States Constitution, and the Law of God.”
Southern Baptist Convention President Clint Pressley similarly threw his support behind the bill, stating it will “provide preborn children with equal protection of the laws.”
Pro-Choice Advocates Respond
“There’s nothing pro-life about this bill,” said the Center for Reproductive Right’s Israel Cook. “Pregnant people are already suffering under Tennessee’s extreme abortion ban.
And now, state lawmakers want to sentence pregnant people to death for pregnancy outcomes and getting abortions,” Cook explained. “People deserve respect and compassion, not this cruel, heartless treatment for getting essential health care.”
And some Democratic lawmakers pushed back on the bill, denouncing it as a dangerous and terrifying government overreach. As State Rep. Aftyn Behn put things, "we should be very scared. That is a very, very scary step the state is about to take.”
What Happens Next?
The bill’s fate is currently up in the air, but even many pro-life advocates aren’t on board with long prison sentences for getting an abortion – let alone execution.
And yet, supporters argue the bill is about consistency and equal protection under the law. Because they view an unborn child as a life, they demand that the same legal consequences should exist for ending it as they do for any other life.
No matter where you stand on the issue, this would be an unprecedented expansion of state power over women’s bodies and even their lives. With stakes this high, the consequences of how lawmakers respond could reshape the conversation around abortion for years to come.
What is your response? A fair application of law, or religious extremism run amok?
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