Tennessee governor signs bill banning abortions after 24 weeks

Tennessee Gov. Bill Haslam appears in a screen capture of a video from his YouTube channel. | YouTube/GovernorBillHaslam

Tennessee Gov. Bill Haslam held a ceremonial signing of a legislation that bans abortions after 24 weeks in the presence of pro-life leaders at Legislative Plaza on Wednesday.

The Tennessee Infants Protection Act, which was signed by the governor last month, establishes a presumption of viability beginning at 24 weeks gestation and prohibits abortion except in cases of medical emergencies once viability has been determined.

According to Life News, the new law also requires a medical assessment for fetal viability before an abortion is performed on unborn babies who are at least 20 weeks old. Abortion would be deemed illegal if the unborn baby is determined to be viable at that point. Doctors who are found to be in violation of the law could face felony charges.

Tennessee Right to Life, the leading pro-life organization in the state, celebrated the passage of the bill.

"Tennessee is a pro-life state and Tennesseans strongly support common sense public policies that affirm and protect human life," said Brian Harris, the organization's president.

"We thank the Legislature and Governor Haslam for their exceptional leadership in supporting laws that build and strengthen a culture of life in our communities, state and nation," Harris added.

In his signing statement, Haslam said that he has reviewed the final language of the legislation and its potential impact.

The Tennessee Infants Protection Act prohibits purposely performing post-viability abortions, except when a physician determines in his or her good faith medical judgment that either the unborn child is not viable or that the procedure is necessary to prevent serious risk to the mother.

The governor noted that the new law requires physicians to assess viability beginning at 20 weeks gestational age, but he clarified that it is not a "20-week abortion ban."

He said that Tennessee Attorney General Herbert Slatery has vowed to defend the legislation if it is challenged in court.

In early April, Slatery described the measure as "constitutionally suspect" because it puts a doctor acting in good faith at risk for felony prosecution. He also expressed doubts whether the bill could survive a legal challenge due to its lack of an exception for a woman's emotional or mental health.

The attorney general later pledged to defend the bill after it was amended to require two doctors' opinions on fetal viability, despite the lack of exceptions for mental-health risks to the pregnant woman.

Haslam said that he signed the legislation into law because the U.S. Supreme Court has not yet made a decision regarding the mental health exception issue raised by Slatery.