Medical Providers Speak Out as Abortion Ban Goes Into Effect - Nashville Scene
Dr. Amy Gordon Bono addresses protesters and reporters outside the Justice A.A. Birch Building on Aug. 25, 2022
A group of physicians say they want the decision of whether to terminate a pregnancy to be between them and their patients.
Tennessee's abortion ban went into effect Thursday — the procedure is now banned for any reason and at any stage of pregnancy. Also on Thursday, medical providers from a coalition called Protect My Care gathered at the Justice A.A. Birch Building in Nashville to describe the law's ramifications for physicians.
Medical professionals are joined by protesters outside the Justice A.A. Birch Building on Aug. 25, 2022, as Tennessee's abortion trigger law goes into effect
The Republican-led Tennessee legislature passed the Human Life Protection Act in 2019. Its 30-day abortion ban countdown was triggered a month ago by the official recording of the U.S. Supreme Court's decision overturning Roe v. Wade. Under the state law, those who perform or attempt to perform an abortion could be charged with a class-C felony.
While state officials, including Gov. Bill Lee, describe an "exception" under the law for protecting the life of a pregnant person, the law provides only an "affirmative defense" for doctors charged with the felony.
"The abortion provider can mount an affirmative defense for acting to save the mother's life," says primary care physician Amy Gordon Bono. "The scales of justice are tipped in favor of the state with an affirmative defense instead of an exception to the law."
Dr. Laura Andreson addresses protesters and reporters outside the Justice A.A. Birch Building on Aug. 25, 2022
While current Nashville District Attorney Glenn Funk and the Metro Nashville Police Department have both said they don't intend to prosecute those performing or assisting someone performing an abortion, another state law allows the state to appoint a special prosecutor for crimes that a district attorney refuses to prosecute.
Anti-abortion state legislators, and at least one counterprotestor at the event Thursday, see the legislation as a win.
Medical professionals are joined by protesters outside the Justice A.A. Birch Building on Aug. 25, 2022, as Tennessee's abortion trigger law goes into effect
Vanderbilt University Medical Center put out an internal memo obtained by Associated Press reporter Kimberlee Kruesi saying the organization instituted policy changes intended to mitigate some of the health care and health equity concerns around the abortion ban while staying consistent with federal and state law, though VUMC did not provide specifics.
"Women of color and who are socioeconomically disadvantaged are at the greatest risk," the statement reads. "Today, the Tennessee Human Protection Act goes into effect that will likely further exacerbate these health care disparities. ... VUMC will continue to monitor future legislative efforts and strongly advocate for legislative solutions that evidence has shown are in the best interest of women's health."
Franklin-based OB/GYN Laura Andreson gives examples of past patients whose situations would have been complicated by the new law, especially in cases where the fetus still has a heartbeat, yet will not remain viable or is endangering the life of the mother.
"It's heartbreaking to know that she must decide if she wants a pregnancy to prevent adverse outcomes for her and her baby," Andreson says. "In this case, and in many other clinical situations, the risks for remaining pregnant outweigh the benefits. For this woman, the best medical decision is an abortion. And sadly, termination of pregnancy will put me at risk of being charged with a felony."
Dr. Mary Jane Brown addresses protesters and reporters outside the Justice A.A. Birch Building on Aug. 25, 2022
Dr. Mary Jane Brown, emergency medical physician at Ascension Saint Thomas, says in medical school she was taught that the life of the mother should take priority during a life-threatening situation. She also raises concerns about women who may be thrust into this debate: those who miscarry a wanted pregnancy and those who are sexually assaulted.
"Today, I must choose between my medical training and obeying the law; between malpractice and criminalization," Brown says. "As a physician I am not perfect. And I certainly share that grace with politicians who are not perfect. We need to fix this and win back the right to patient-centered, evidence-based care."
A pro-choice protester argues with YouTuber Bodittle (far right), who attended the demonstration with a camera man and heckled speakers throughout the event. Police stood by and sometimes intervened while an armed person (far left) stood by on the side of the pro-choice group.
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