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ADF Friend-of-the-Court Brief Aims to Help Tennessee Defend Life

February 19, 2021

- Recipients must be at least 21 years of age. 

- The person who obtains the informed consent must provide orally all the requirements for the informed consent as listed on the consent form, must offer to answer any questions, and must provide a copy of the consent form to the recipient for consideration during the waiting period. 

- The consent form expires 180 calendar days from the date of the recipient’s signature. 

- There must be at least 30 calendar days between the date the recipient signs the consent form and the date of surgery.

Seems perfectly reasonable for an invasive medical procedure, doesn’t it? The State of Tennessee thought so, which is why it adheres to federal law that requires a consent form for such procedures. 

The restrictions listed above are required for sterilization surgeries—should a woman want a tubal ligation or should a man want a vasectomy. 

If you want to end a human life, however, you’ll find it much easier. 

Tennessee passed a state law in an attempt to change that, but abortion clinics are fighting it tooth and nail. All the law requires is that any woman entering an abortion clinic wait 48 hours before getting an abortion procedure.  

Apparently, that is too much to ask. And several abortion clinics, including Planned Parenthood, filed a lawsuit challenging Tennessee’s law.  

A district judge has already sided with these abortion clinics, declaring the law unconstitutional and permanently prohibiting its enforcement. 

That’s why ADF has submitted an amicus brief in support of Tennessee’s efforts to defend the most vulnerable of lives as the case reaches the United States Court of Appeals for the 6th Circuit. The brief was filed on behalf of the Christian Medical and Dental Associations (CMDA). 

“Every woman should have the information she needs to make the healthiest choice for everyone involved in a pregnancy,” said ADF Senior Counsel Denise Harle. “No court is permitted to review a law it dislikes and substitute its own policy views for the views of the state’s elected branch of government. The Supreme Court has already recognized that state governments have the constitutional authority to provide women contemplating abortions the opportunity to receive crucially important information before such a life-changing procedure is performed.” 

The CMDA is an incorporated nonprofit Tennessee organization of Christian physicians and allied health care professionals with over 19,000 members nationally, many of whom reside and practice in Tennessee. They provide a medically reliable and ethically sound public voice on health care policy, work to uphold the sanctity of life, and work to ensure that courts apply the correct legal standard when evaluating constitutional challenges to abortion regulations. 

Hopefully the Sixth Circuit has eyes and ears open when an organization with this much expertise in a matter chooses to weigh in. 

To stay up to date on our work defending the sanctity of life, sign up for our newsletter. 


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Alliance Defending Freedom

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Alliance Defending Freedom advocates for your right to freely live out your faith

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