David Fowler President

April 8, 2009

Senate Joint Resolution 127, the proposed constitutional amendment that would once again make Tennessee’s constitution neutral on the issue of abortion, made a historic first step toward getting on the ballot in 2014. For those who have followed this issue since it was first filed in 2001, it was a big day, a baby step toward getting on the ballot, but a big one. The results were surprising even to the faithful.

 

Since SJR 127 was first filed eight years ago, it has passed the Senate in each of the five General Assemblies that have convened during that period. Just a few weeks ago it passed the Senate for a fifth time, with a margin of 24 to 8. But in the previous four General Assemblies, it was killed each time along a party-line vote in the Public Health Subcommittee of the House Health and General Welfare Committee.

 

Supporters of the Resolution were continually frustrated because it was clear that SJR 127 had the support of a majority of the members of the state House. But because the previous Speaker made sure there was a pro-abortion majority on the Public Health Subcommittee, the will of the majority of the Representatives was thwarted every time. But not this time!

 

With the election of a pro-life Speaker, Kent Williams (R-Elizabethton), the composition of the Public Health Subcommittee finally reflected the pro-life majority of the entire House. For the first time it appeared that SJR 127 would get out of that fateful subcommittee.

 

A Neutral Constitution: Not a Partisan Issue

 

Apparently the proverbial “handwriting on the wall” must have been clear enough that Health Committee Chairman Joe Armstrong (D-Knoxville) decided to put SJR 127 on the calendar for consideration by the full Health Committee, bypassing the Public Health Subcommittee.

 

When SJR 127 was taken up, Rep. Gary Odom (D-Nashville), House Democratic Leader, moved an amendment to the Resolution that would kept certain aspects of abortion policy in the hands of our unelected Supreme Court. Rep. Mumpower (R-Bristol), the Majority Leader, noted that after years of defeat there now seemed to be a lot of interest in and support for SJR 127, and with that, he moved to lay Rep. Odom’s amendment to the table (effectively moving to kill it). When the motion to table passed by a vote of 16 to 11, it was clear that SJR 127 was on its way to coming out of the full committee for the first time ever.

 

And sure enough, when the straight up or down vote on SJR 127 was taken, it received overwhelming support, passing by a margin of 20 to 7. The Resolution received the vote of each Republican member of the Committee in addition to the vote of Speaker Kent Williams, who exercised his prerogative as Speaker to vote on any committee. But it was also encouraging to have the support of six of the 13 Democrats on the Committee, proving that this is not a partisan issue as has been alleged for the last eight years.

 

A Debt of Thanks

 

As the original sponsor of SJR 127 back in 2001, it was particularly gratifying to seeing the Resolution take its first big step toward passage by the full House. It was a privilege to be a part of this process over the years and to work with so many wonderful organizations like Eagle Forum of Tennessee and Tennessee Right to Life. And since my retirement the matter has been ably handled in the Senate by Senator Diane Black (R-Gallatin) and today by both Representatives Debra Maggart (R-Hendersonville) and Charlie Curtiss (D-Sparta). It was a great to see a Republican and Democrat, man and woman, sitting together in the Health Committee as key House sponsors.

 

Though these sponsors have done a great job and are to be commended, no legislation moves forward without the support of fellow legislators. We extend our thanks to the following Representatives who voted in favor of SJR 127: Joey Hensley (Vice Chair), Curt Cobb, Jim Cobb, Charles Curtiss, Vince Dean, John DeBerry, Vance Dennis, Joshua Evans, Dennis Ferguson, Dale Ford, Mike Harrison, Curtis Halford, Debra Maggart, Jason Mumpower, Bob Ramsey, Barrett Rich, David Shepard, Tony Shipley, and Mike Turner.

 

If you would like to send them an email, individually or collectively, to thank them for their vote, the format for their email addresses are all the same: first name.last name@capitol.tn.gov. For example, joey.hensley@capitol.tn.gov. Simply saying, “Thank you for voting for SJR 127,” is sufficient.

 

More Work to Be Done

 

Lastly, there is more work to be done. SJR 127 will next go to the House Committee on Calendar and Rules, which will decide whether to send the Resolution to the full House for a vote or kill it. So the outcome is not necessarily foregone because of today’s vote. If the Committee on Calendar and Rules votes to send it to the full House, then all our Representatives will get to vote on the Resolution. If it receives a majority of the votes, the Resolution will be published by the Secretary of State prior to the 2010 election, and be presented to the next General Assembly. If two-third of the members of each Chamber passes the Resolution during the 2011-12 legislative session, the Resolution will go on the ballot in the fall of 2014.

 

So, today was only baby step. But for the babies whose lives will be saved if informed consent and a meaningful waiting period can be restored to Tennessee’s law, it was a really big step.