Tennessee Democrats push in-vitro fertilization, contraception guarantee

Amid a national debate over contraception and in-vitro fertilization, Democratic lawmakers are pushing for a state law that would guarantee those reproductive rights after Republicans banned abortions in nearly all cases.

The measure sponsored by Democratic state Sen. Raumesh Akbari of Memphis and Democratic state Rep. Harold Love of Nashville would clarify that “abortion,” as defined by the state’s offense for criminal abortion, would not include the use of contraceptive devices or medication to prevent pregnancy or the disposal of embryos from fertility treatments.

Following Tennessee’s abortion ban of 2022, Akbari said, many Tennesseans started raising concerns that lawmakers might cut access to birth control and fertility treatments. 

“This bill provides clarity and reassurance that contraception and procedures like in-vitro fertilization are not affected by the abortion ban,” Akbari said. “These are fundamental aspects of reproductive healthcare, and safeguarding them is essential to protecting the well-being of women and families across our state.”

The ban took effect when the U.S. Supreme Court nullified Roe v. Wade, the 1973 landmark case that gave women the right to abortion and enabled states to set their own laws. Abortions are allowed in Tennessee only at the point a woman is at risk of dying. 

Fears that states would follow with prohibitions on contraception and in-vitro fertilization arose when the Alabama Supreme Court ruled this year that embryos are “unborn children,” based on the argument that life begins at conception. Lawmakers used that belief as the basis to ban abortion.

The matter is further complicated by the U.S. Senate’s failure for a second time to pass legislation granting a right to in-vitro fertilization. It fell along party lines, with Republicans opposing it, according to KFF Health News. The Southern Baptist Convention and Catholic Church also oppose in-vitro fertilization, even though it is used in about 2% of American births, KFF reported.

It’s unclear whether Tennessee Republicans would support the measure sponsored by Akbari and Love, but Republicans don’t appear to have the appetite for prohibiting contraception or in-vitro fertilization in Tennessee, even if such a move surfaces in the Legislature.

“Lt. Gov. (Randy) McNally sees nothing in current law that interferes with access to contraception or fertility treatments. Lt. Gov. McNally and the overwhelming majority of legislators agree that contraception and IVF treatments are protected,” spokesperson Adam Kleinheider said.

Gov. Bill Lee also spoke this week in support of maintaining IVF, though he said he was unaware of details of a national debate or the Tennessee legislation.

“I believe that IVF is important, that we allow and protect IVF for families. It’s a part of what I believe is being pro-life, and the laws in our state do protect IVF,” Lee said.

Lee supported the “trigger law” that put an abortion ban in effect in Tennessee when the Supreme Court overturned national abortion rights.