These 2 Tennessee Lawmakers Want to Charge You With Homicide for Getting an Abortion
Two Republican lawmakers in Tennessee have introduced legislation that would revise the state’s criminal code to make persons who obtain abortions subject to fetal homicide charges, dramatically expanding legal penalties tied to abortion care. Under the proposed bills — House Bill 570 and Senate Bill 738 — the state would consider terminating a pregnancy equivalent to committing criminal harm against a fetus, a charge that falls under existing fetal homicide laws.
Currently, Tennessee has among the strictest abortion bans in the U.S., largely built around a near-total prohibition implemented after the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision in 2022. That law criminalizes abortion providers for performing illegal procedures; it does not typically criminalize patients themselves. But this new proposal goes further: it would allow prosecutors to pursue criminal homicide charges against people who undergo abortions deemed illegal under state law.
As drafted, the legislation would treat harm done to an unborn child as equivalent to harm done to an individual “born alive,” effectively equating abortion with homicide. While supporters have pushed back on media reports suggesting the bills could make abortion punishable by death — noting they do not mention the death penalty explicitly — fetal homicide laws in Tennessee already impose severe penalties, including life imprisonment or life without parole. Some observers warn that the framework could nonetheless open the door to capital punishment.
The bills are sponsored by State Rep. Jody Barrett and State Sen. Mark Pody, both Republicans aligned with Tennessee’s socially conservative legislative agenda. Their stated justification is rooted in a belief that “innocent human life … should be equally protected under the laws from fertilization to natural death.” This framing echoes broader anti-abortion arguments that emphasize fetal personhood and equal protection claims for the unborn.
Critics — including reproductive rights advocates and legal experts — have condemned the proposal as a radical escalation of abortion criminalization. They argue that it would punish patients directly for health-care decisions and could deter individuals from seeking medical care. Under current Tennessee criminal statutes, homicide and fetal assault are serious felonies, and expanding them in this way could mean women face decades in prison if convicted.
The move comes amid a broader national context in which several conservative states have explored increasingly severe abortion restrictions since the Dobbs decision eliminated federal constitutional protections for abortion access. Some legal scholars explain that post-Dobbs legislation — including fetal-personhood laws — creates legal avenues for states to pursue criminal charges against pregnant individuals beyond traditional statutory limits.
Tennessee’s proposal has inflamed public debate within the state and beyond. Advocacy groups warn that classifying abortion as homicide could blur lines between legal medical practice and criminal conduct, potentially implicating patients, medical providers, and even individuals who assist pregnant persons. Under the existing legal landscape, abortion is already criminalized in many circumstances, but this marks a rare effort to shift the focus from providers to patients themselves.
Supporters of the bill argue it is consistent with their belief in protecting all human life from conception onward. They also say it aligns Tennessee with a more absolute anti-abortion stance that rejects exceptions for circumstances like rape or incest — a position that has driven some of the nation’s most restrictive state laws. Opponents argue that such an approach undermines medical autonomy, parental rights, and public health.
Legislative momentum remains uncertain. The proposed bills have been introduced and referred to committee but have not yet been brought to a full vote in the Tennessee legislature. If they progress, they would likely face intense scrutiny from civil rights groups, health-care advocates, and constitutional lawyers challenging whether punishing patients in this manner is legally permissible.
⚖️ Key Legal Outcomes
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Proposed revision of criminal code to categorize abortion patients’ conduct under fetal homicide statutes.
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Potential application of severe penalties, including life imprisonment or life without parole, if charges are pursued.
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Sponsors frame bill as equal protection for unborn life, aligning with personhood-based legal arguments.
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Raises novel legal questions about whether patients can be criminally liable under homicide statutes.
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Could expand prosecutor discretion, potentially enabling more aggressive enforcement if bill passes.
📌 Why It Matters
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Direct legal risk for abortion patients historically not criminalized under Tennessee law.
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Signals a shift in abortion law enforcement, with emphasis on criminal rather than health-care perspectives.
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Could influence other states considering similar fetal homicide expansions post-Dobbs.
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Impacts reproductive rights and public health policy, potentially deterring medical care.
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Raises constitutional questions about due process, equal protection, and state power over personal medical decisions.
