Reproductive Rights Bill Protecting Birth Control, IVF Passes In Tennessee

Tennessee is one of several states that has a near-total ban on abortion during all stages of pregnancy, with the few exceptions being in the case of medical emergencies. In a rather unexpected move, state lawmakers passed a reproductive rights bill earlier this week that would protect access to birth control and in vitro fertilization (IVF). 

According to the Tennessee Lookout, on July 1, the state will become the only state in the south to legally protect access to birth control and fertility treatments. The Fertility Treatment and Contraceptive Protection Act was introduced by two Republican state legislators, Rep. Iris Rudder and Sen. Becky Massey, respectively. The bill “clearly and unambiguously acknowledges the right of a healthcare provider to perform, and the right of a person to receive or use, fertility treatment and contraceptives in this state,”

“The law provides critical stability and peace of mind in an otherwise volatile political environment for women and families,” said Natalie Schilling of AWAKE Tennessee, a non-profit focused on women and children’s rights.  

Access to birth control and IVF wasn’t illegal or being targeted in the state, but considering how rapidly women throughout the south saw their reproductive rights taken away as a result of the Dobbs decision, it’s not out of the realm of possibility to think they would be in the future. In fact, the bill received pushback from 11 state Republicans who sent a letter to Gov. Bill Lee asking him to veto the bill as they believed it was a “Trojan horse that could potentially undermine Tennessee’s strong and righteous stance on the protection of innocent human life.” 

Considering that their “strong and righteous stance” has resulted in Tennessee being ranked 44th nationally when it comes to women’s reproductive health, with a maternal mortality rate nearly double the national average–four times the national average when it comes to Black women–I don’t think this bill will endanger innocent human life any more than the state’s current laws already have. 

Rudder introduced the bill after the Alabama Supreme Court ruled embryos were children and endangered IVF access in the state. Tennessee’s state legislature has a Republican supermajority, and the only reason the bill had any motion was due to support from conservative women in Tennessee who had children through IVF. Rudder told the Lookout she was somewhat surprised by the pushback she received from several male Republicans when the bill went up for debate. 

“I was looking out at the House floor, and I was thinking, I am standing here as a woman, and this is such an important issue for women. Most of those men are married. They have wives. They have daughters. They should be able to understand how important all these conversations are to women,” Rudder told the Lookout. 

I really do not understand her surprise. You live in a state with a near-total abortion ban, and all the men in your party signed off on it. The call has been coming from inside the house, girl. 

This is a rare positive development for reproductive rights within the South. Over the last year, we’ve seen Missouri’s total abortion ban get repealed by voters, only for the state’s Supreme Court to put it back in place. In Louisiana, state lawmakers voted against an amendment to the state’s total abortion ban that would’ve created an exception for women and children who were impregnated through rape. All this comes as data has shown that the restrictions on reproductive rights have resulted in higher infant and maternal mortality rates due to complications related to childbirth. 

I’m glad this move was made in Tennessee, but I also can’t help but feel like it’s peak-Republican and definitely peak-White woman. It was only when their rights seemed to be under attack that they cared about protecting certain reproductive rights. IVF ain’t cheap; we know who predominantly can afford it. While the protections for birth control are great, this bill does little to address the disparities Black women face when it comes to reproductive health in the state. 

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