Judge rules abortions can proceed in Tennessee amid pandemic

The federal judge says Tennessee's stay-at-home order violates women's constitutional right to an abortion. File Photo by Kevin Dietsch/UPI

April 19 (UPI) — A federal judge in Tennessee ruled that the state’s stay-at-home order can’t block abortions because they’re “time-sensitive procedures.”

District Judge Bernard Friedman said Gov. Bill Lee’s order barring non-emergency medical procedures amid the coronavirus pandemic must not infringe on women’s constitutional rights to an abortion.

“Abortion is a time-sensitive procedure,” the ruling issued Friday said. “Delaying a woman’s access to abortion even by a matter of days can result in her having to undergo a lengthier and more complex procedure that involves progressively greater health risks, or can result in her losing the right to obtain an abortion altogether.”

Lee issued a stay-at-home order March 31, shutting down non-essential businesses and banning elective, non-emergency medical procedures, and urging residents to remain at home whenever possible.

A group of abortion advocacy groups and individuals — CHOICES Memphis Center for Reproductive Health, Knoxville Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Adams & Boyle P.C., and Dr. Kimberly Looney — sued the state over the restrictions on abortions, which Lee’s order considered elective.

“We thank our hard working dedicated lawyers and the judge’s level-headed verdict protecting women’s constitutional rights to bodily autonomy … even and especially during this pandemic,” the Knoxville Center for Reproductive Health said in response to the ruling.

Several other states, including Texas, Oklahoma, Iowa and Alabama, have faced similar legal battles over whether abortions should be allowed during COVID-19-related shutdowns.

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