TBA Law Blog


Posted by: Azya Thornton on Jul 21, 2025

A federal judge has permanently blocked a portion of a Tennessee law passed last year that makes it a felony to intentionally recruit, harbor or transport a pregnant minor for an abortion without parental consent. The ruling stems from a June 2024 lawsuit filed by Rep. Aftyn Behn, D-Nashville, and a Nashville family law attorney who raised concerns over the portion of the law that criminalized anyone who “recruits” a minor for an abortion, calling the language unconstitutional and vague. The term “recruit” is not defined in state code, which opponents argue could violate the First Amendment. Senior 6th Circuit Court of Appeals Judge Julia Gibbons, sitting as a district judge by designation, appeared to agree with those concerns, stating that “Tennessee cannot criminalize ‘disseminating information about an activity that is legal in another state.’” The Tennessean has more on the story. U.S. District Court Judge Aleta Trauger in September 2024 temporarily blocked enforcement of the same recruitment provision, citing nearly identical concerns.