If Fetuses are People
And Other Existential Questions
When does life begin? Is it the moment a sperm penetrates the zona pellucida of an ovum, creating a fertilized egg or zygote? Is it when the zygote implants itself in the lining of the uterus? Is it when the pregnancy hormone can be detected on a pregnancy test? Is it the first time a “heartbeat” can be heard on an ultrasound? Does life begin at “quickening” or the first time fetal movement can be felt by the pregnant person? Or maybe it’s first time a baby takes a breath outside the womb? The point is there are many different scientific and religious definitions of when life begins. (Here’s a great article from NPR in 2022 talking about this topic.)
Sitting in the House Civil Justice Subcommittee on 2/19/25
The crazy thing is, here in Tennessee, our lawmakers want to be the ones to define this existential question that humans have been wrestling with for thousands of years. The state legislators, specifically the Republicans, feel they know better than anyone else, including religious scholars, biologists, scientists, doctors and philosophers. I’ve seen them pass laws many times, ignoring experts who pointed out that their laws are not founded in science and violate the constitution. The Republican supermajority passes them anyway. With a complete disregard for science, civil rights, polls that show the majority of Tennesseans disagree with them and just plain common sense.
Currently there is a bill sponsored by TN Representative Gino Bulso, HJR007, which would amend the Tennessee constitution to officially declare that fetuses are people. I have so many issues with this bill. First off, why is it necessary? And what does Bulso hope to accomplish here? Tennessee already has one of the stricted abortion bans in the country, which bans abortion from the moment of conception with exceptions only for ectopic pregnancies, molar pregnancies and a vague “life or health of the mother” exception (an exception that is so poorly worded many OB physicians feel the need to wait until their patients are critically ill and close to death before intervening lest they be charged with a class C felony).
Is your blood boiling? Take a deep breath. Here’s some good news:
There is a lawsuit working its way through the courts right now with several physicians and patients suing for the harms the vagueness of the law have caused them. Kudos to my colleagues brave enough to sue the state!
A bill sponsored by two Republicans, Rep Helton-Haynes (a retired nurse) and Sen Briggs (a retired surgeon) have sponsored HB1241/SB1425 would further define risks to the health or life of a pregnant person and allow for exceptions for fatal fetal anomalies. Please call your rep/senator and ask them to support this bill!
Rep Hakeem and Sen Lamar, both Democrats, have filed HB179/SB345, which would also allow exceptions for medical emergencies affecting the physical or mental health of the pregnant person and also allow for abortion care in the case of rape or incest. Please call your legislators to ask them to support the bill and thank the Dem sponsors for filing it!
At the City Winery in Nashville for Galentine’s Day on 2/13/25
Ok now that we’re centered, let’s get back to Bulso and his bill. Because I woke up with some questions for him:
If fetuses are people, do they get counted in the census? And what if they are miscarried after the census is taken?
Do states with more fetuses get more representatives in Congress?
Do women get child support backdated to the moment of conception? What if their periods are irregular? Can they just guess when the fertilization happened and use that as the date for child support purposes?
Can people claim fetuses as dependents? If so, when is the cutoff for filing a fetus as a dependent for the IRS?
Would pregnant people be able to apply for life insurance policies on their fetuses? And if so, could they cash in on these policies in the event of a miscarriage?
If a fetus is a person, can pregnant people drive in the HOV lanes?
Are they going to charge pregnant people who smoke or use drugs during pregnancy with child abuse? (Spoiler alert: this has already happened in several states!)
If this bill passes should we not to deport pregnant immigrants since their fetuses would be people and considered US citizens under the constitution?
Can unused embryos sue their parents for being kept in the freezer instead of being implanted?
Can people using IVF sue if the power goes out and their embryos are lost?
These are just a few of the existential questions regarding the legal and ethical questions that will likely need to be addressed if “fetal personhood” becomes the law of the land. I’m sure there are many more I haven’t thought of yet. (Please feel free to comment on this post if you think of others! And email those thoughts to your state legislators!)
Waiting for a committee to start on 2/18/25, photo courtesy of John Partipilo
Do you need some more good news at this point? I went to the state legislature yesterday on what was supposed to be a snow day and sat in the House Civil Justice Subcommittee where Bulso’s bill was on the agenda. Luckily, the bill was “rolled” or deferred for two weeks until 3/5/25. For those of us paying attention, this is good news. It likely means that Bulso’s resolution does not have the votes to pass currently.
What can you do to help make sure this bill does not pass?
Call and/or email your state rep and senator and tell them you disagree with this bill. Find your legislators here. (Pro-tip: If you’re nervous calling, do it after hours and just leave a voicemail.)
Call and/or email the members of the House Civil Justice subcommittee and tell them to vote NO on HJR007.
Here are the numbers for the committee members:
Chair:
Rep. Lowell Russell (615) 741-3736
Committee Members:
Rep. Elaine Davis (615) 741-2287
Rep. Andrew Farmer (615) 741-4419
Rep. Johnny Garrett (615) 741-3893
Rep. Gloria Johnson (615) 741-2031
Rep. Tom Stinnett (615) 741-3560
Rep. Chris Todd (615) 741-7475
Rep. Ron Travis (615) 741-1450
Tell your friends and family members who live in Tennessee to do the same, especially if they live in red districts!
More good news: even if HJR007 passes out of committee, it will still need to pass out of the full House floor with a majority vote. Then it would need to be passed again out of another general assembly by a 2/3 majority vote. And then it would be placed on the ballot for all Tennesseans to vote on during a gubernatorial election year. If that sounds confusing, here’s a video that explains the process:
Basically, fetal personhood still has a lot of hurdles to pass before it would be enshrined in the TN constitution and trigger a myriad of legal and ethical questions. But that doesn’t mean we shouldn’t fight like hell to get this bill relegated to the trash heap it belongs in so we don’t have to fight it again in two years.
Unfortunately right now in Tennessee, the Republican supermajority holds all the cards. That means it’s up to us, their constituents, to hold them accountable and ensure they aren’t stacking the deck, cheating the system, making illegal bets and counting cards. We cannot forget that they work for us. We are the House. It’s time for the house to win! Now let’s go team!!!
Fall in Shelby Bottoms, photo courtesy of Beth Gwinn
Dr. Katrina Green, MD FAAEM is a board certified emergency physician, and public safety and health advocate in Nashville, TN.
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I didn't realize there had been a favorable ruling providing temporary injunctive relief in the Blackmon v. TN medically necessary abortion case, I'm glad you linked that! I might do another 'docket review' column to break down the decision
Thank you for your continued advocacy! Unfortunately, it doesn't seem like the supermajority cares at all about the needs and wants of their constituents. I suspect they don't think their constituents are even paying attention, and I fear they may be right. Sadly, when I talk to my friends who say they don't "do politics," they are clueless about these horrible bills. They literally have no idea how the legislature works, nor do they know who represents them or what it takes to pass these laws. It helps to have concise, easy-to-read summaries like yours.
I wanted to add one more question to your list. Who pays? Who pays when people sue the state? Who pays the extra overhead for the state attorney general's office? Who pays if the state loses a monetary case? Who pays if a woman from another state is denied treatment in TN and sues the state? TN proclaims itself to be "the place" for tourism. How long before pregnant women and their partners and doctors discourage them from coming to TN during pregnancy? My understanding is that we, the taxpayers, eventually pay. If the state loses their case, funds come from the state treasury which ultimately comes from tax dollars. If tourism declines, those tax dollars that are allocated to so many other projects decline, too.
If you can't appeal to people's sense of compassion and humanity, then maybe we appeal to what seems to be the only thing some people care about...their pocketbooks.