5 things to know about Tennessee's proposed abortion ban

Anita Wadhwani
The Tennessean

Lawmakers on the Tennessee Senate Judiciary Committee spent two days weighing a strict abortion ban that would prohibit abortions once a pregnancy is detected. 

Here are five things to know: 

No abortion ban is imminent

The measure was debated in a specially convened "summer study" after the bill failed to pass during the regular session of the Tennessee legislature which ended in May. 

The bill didn't have the support of the Republican-controlled Tennessee legislature. The influential Republican Lt. Gov. Randy McNally has opposed it

Bill redefines a 'viable' pregnancy

The measure would "prohibit any abortion being performed when a viable pregnancy is presumed to exist or has been confirmed."

The U.S. Supreme Court has defined a pregnancy as viable if the fetus can exist outside a mother's womb.

This bill goes further. It redefines a viable pregnancy as one that can be detected by a pregnancy test, which can happen just weeks after a woman gets pregnant. 

Technically the bill defines viability as "finding the presence of human chorionic gonadotropin (HCG)" - the hormone detected by some pregnancy tests.

Is it a 'Heartbeat' or 'Conception' abortion ban?

The bill was originally introduced as an abortion ban after a fetal heartbeat could be detected. 

Republican members of a Senate Judiciary Committee amended the measure to extend the ban to as soon as a pregnancy can be detected before the legislature adjourned. 

Sen. Kerry Roberts, R- Springfield, this week it's more apt to call it a "conception bill" since the amended version introduces a pregnancy ban as soon as a pregnancy can be detected. 

Why do some anti-abortion groups oppose the measure?

National Right to Life, Tennessee Right to Life and all three of Tennessee's Catholic bishops opposed the bill during the legislative season, arguing the measure is unconstitutional and will tie up the state in lengthy and expensive litigation. 

Abortion right supporters have made clear they will fight the measure in court. 

"We will sue and we will win,"  Hedy Weinberg, executive director of the ACLU of Tennessee told lawmakers Tuesday. 

What happens next?

Nothing in the short terms. The earliest the bill could be re-introduced is January, when the Tennessee legislature reconvenes. It's unclear whether the bill will be introduced in its current form. Sen. Mike Bell, chair of the Senate Judiciary Committee, ended two days of hearings by suggesting he would consider alternatives to find the "best vehicle to achieve our goal, which is the end of abortion."

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Reach Anita Wadhwani at awadhwani@tennessean.com; 615-259-8092 or follow her on Twitter @AnitaWadhwani