Amendment 1: How Tennessee Is Aborting a Woman’s Right to Privacy

Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review

Hidden beneath the midterm’s senatorial supremacy sway lay various states’ inconspicuous ballot measures. A couple received some attention, primarily initiatives regarding marijuana legalization and minimum wage increases. However, one sweeping amendment to the Tennessee Constitution, Amendment 1,[1] has received very little attention outside of the state. The Amendment originated in response to a 2000 Tennessee Supreme Court ruling, Planned Parenthood v. Sundquist,[2] which limited regulations the state legislature could impose on pregnancy prevention providers by subjecting the regulations to a strict scrutiny analysis. Now, after obtaining legislative approval twice[3] and 53% voter approval,[4] the Amendment is likely to be ratified and effectively overturn Sundquist, pending the dismissal of a suit alleging that the Amendment was not properly ratified.[5]

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