State Supreme Court Considers Challenge to Tennessee Abortion Restrictions

by Peggy Meier

I was present in the Supreme Court hearing room on Tuesday, October 5, when the State of Tennessee asked the Tennessee Supreme Court to overturn an appeals court ruling that found it is unconstitutional to require women to receive counseling and then wait two days before having an abortion. Lawyers for Planned Parenthood of Middle Tennessee asked the high court to uphold the ruling, which they said recognized the "undue burden" placed on women by the requirements. Attorney Bary Friedman of Planned Parenthood said justices should use a strict standard to decide when the state should interfere with privacy rights.

Planned Parenthood is challenging the two-day waiting period and counseling, by saying the delays could threaten a women's health. Both were adopted in 1978, but were in effect for only 18 months because of the legal challenges.

The Supreme Court justices asked questions of both attorneys, but the questions did not reveal the justices' opinions. The Court is not expected to issue a decision until next year.

When I entered the Court building, there were about 10 to 15 people outside with anti-choice signs. However, during the debate, we could hear voices singing . I could not tell what they were singing but could hear the noise. As I left the building after the court presentation, I noticed that there were more people there. The newspaper suggested that there were about 100 people present. I would have said it was more like 50 to 75.

It was an interesting morning. I feel that by attending this session of the court, I have more understanding of how our democratic system works.

Last Modified January 2, 2000.