Posted on 01/31/2008 4:13:05 PM PST by wagglebee
NASHVILLE, January 31, 2008 (LifeSiteNews.com) - The Tennessee Senate has passed a constitutional amendment that could, if also passed by the state's House of Representatives, nullify a state Supreme Court ruling that claims that abortion is protected under the Tennessee constitution.
The amendment reads: "Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother."
The measure passed with support from both Republicans and Democrats, 23-9. Attempts to add rape and incest exceptions were defeated.
The measure has passed the Senate three times since the Tennessee Supreme Court issued a decision in the year 2000, claiming that the state constitution is more protective of abortion than the US Constitution. That ruling got rid of the state's 48-hour waiting period for obtaining an abortion, and a requirement that abortion facilities provide information about the procedure to their customers.
In each of the three previous cases, the state House of Representatives has failed to endorse the constitutional amendment. That hasn't stopped lawmakers from passing it a fourth time, however, in the hope that they might nullify the state judiciary's pro-abortion stance. Like Roe v. Wade, the Tennessee ruling was based on a subjective interpretation of the state constitution, which never mentions abortion.
State Senator Diane Black, who sponsored the amendment, told the Associated Press that she is optimistic about its chances of ratification this year, given the broad support shown for the measure in the Senate. "I'm hoping that this year will be the year given the kind of bipartisan support we had today, and I think we will have that same support over in the House," said Black.
The amendment, should it be approved by the House, will have a long way to go before complete ratification. It would then have to be approved by the Senate and House by a two-thirds majority and be ratified by a plebiscite of all Tennessee voters, which could happen by 2010.
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>> nullify a state Supreme Court ruling that claims that abortion is protected under the Tennessee constitution.
Interesting (not) how Supreme Court rulings exist that support the killing of preemies instead of protecting their helpless little lives.
It will die in committee in the house.
The Senate is R and the house is D.
Good stuff there
From what I’m seeing, there is about a 10 person ‘Rat majority in the House, but the Senate in evenly split and this passed the Senate 23 to 9.
That won't matter if they both get phone call pressure and want to be re-elected. Of course the Memphis area will likely go pro abort. I think it stands at least a 50-50 chance of passing.
Am I correct that Tennessee constitutional amendments don’t require a public vote? The article seems to imply that.
I don’t know what the amendment procedure in Tennessee is.
That being said, if enough people put pressure on their representatives, it may pass the house. But I am not going to hold my breath.
N.B.: Delores Gresham is my representative, so I have done my part.
No, a vote of the people is required to ratify it:
It would then have to be approved by the Senate and House by a two-thirds majority and be ratified by a plebiscite of all Tennessee voters, which could happen by 2010.
Your right about Lord Naifeh. Calls himself Speaker and is completely unaccessable to anyone outside his district. I’d love to see him retire next term. If an elected offical sits on a committee or is speaker etc then they should make themselves open to communication from all Tennesseans on related issues before them. Naifeh is the worse on it.
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