NASHVILLE, July 21, 2025 — A federal judge has blocked Tennessee’s Underage Abortion Trafficking Act, ruling that the law infringes on free speech protections. U.S. Circuit Judge Julia S. Gibbons sided with plaintiffs who challenged the law, which criminalized recruiting, harboring, or transporting a minor for an abortion without parental consent, including obtaining abortion-inducing drugs. The legislation, passed in 2024 by wide margins, was designed to prevent out-of-state abortion access for minors in states with strict pro-life laws. Tennessee Right to Life, a key backer of the law, condemned the decision. Will Brewer, the group’s Director of Government Relations, called the ruling an attack on parental rights and vowed to fight on at the appellate level. Plaintiffs argued the term "recruit" was unconstitutionally vague, but the judge disagreed on its clarity—yet still found the restriction itself unconstitutional. TRL President Stacy Dunn said the decision fails to protect vulnerable minors. The state’s Attorney General is expected to appeal the ruling to the Sixth Circuit.
Full Details: Tennessee Right to Life expressed extreme disappointment in the ruling of U.S. Circuit Judge Julia S. Gibbons to block Tennessee’s Underage Abortion Trafficking Act, finding that the law violated free speech. The law, which made it a crime to recruit, harbor or transport a minor for an abortion or obtain abortion drugs for a minor without her parent's consent, was passed overwhelmingly during the 2024 session of the General Assembly.
The legislation was introduced and passed in part to address attempts by the abortion industry to circumvent laws in pro-life states like Tennessee. For example, Planned Parenthood has been caught admitting that they facilitate travel for underage girls and those aiding and abetting them, without the knowledge or consent of their parents. (see here).
Will Brewer, Director of Government Relations for the organization said, “It is disappointing that, even in the post-Roe era, unelected judges are trying to usurp the will of pro-life Tennesseans who, through their elected leaders, have made it abundantly clear that abortion has no place in Tennessee and that parents have a right to keep their children from harm. Recruiting minors and advising them to procure an out-of-state abortion without the knowledge of their parents should definitely be a crime. We hope and expect that the Sixth Circuit will show more respect for that viewpoint than the District Court.”
Those who brought the suit claimed that the word “recruit” was too vague. The judge disagreed saying that the meaning of the word was clear enough but that the prohibition on recruiting itself was unconstitutional.
Tennessee Right to Life President, Stacy Dunn, found little comfort in the judge’s ruling about the vagueness of the law. “If the judge has no objection to the term 'recruit' as used in this law, it is difficult to understand her position. How can it be unconstitutional to protect young girls from those who want to exploit and coerce them while keeping their parents in the dark? That is beyond comprehension.”
Representative Jason Zachary, House sponsor of the legislation, said that while he vehemently disagrees with the judge’s ruling, he has every confidence in the Attorney General’s ability to defend the law going forward.
Incorporated in 1975, Tennessee Right to Life is the state’s oldest and largest pro-life advocacy organization. We are a non-profit, non-sectarian, volunteer-based organization affiliated with the National Right to Life Committee in Washington, D.C. and made up of local county chapters throughout Tennessee.
Tennessee Right to Life exists to promote public respect for the dignity of every human life especially those threatened by abortion, infanticide, partial-birth abortion, assisted suicide, or euthanasia. TRL advocates the protection of human life without regard to age, handicap, condition or social position.
Tennessee Right to Life is committed to effectively advocating the protection of human life through educational outreach, passage of protective legislation and the development of an informed, active grassroots movement statewide. Additionally, members of Tennessee Right to Life assist in providing direct and tangible resources to women and families facing difficult or unexpected pregnancies.
Members of Tennessee Right to Life represent a broad cross section of Tennessee’s growing population and include persons of diverse religious, ethnic, economic and political backgrounds working together to promote and restore societal respect for all human life.
