Tennessee Attorney General Jonathan Skrmetti leaves a press conference discussing the U.S. Supreme Court's 6-3 decision that upheld Tennessee's ban on gender transition treatments for minors in Nashville, Tennessee, on Wednesday, June 18, 2025. (The Tennessean )
"That is impermissible viewpoint discrimination, which the First Amendment rarely tolerates – and does not tolerate here," Gibbons, who sits on the Sixth Circuit Court of Appeals, wrote.
Gibbons permanently blocked enforcement of the provision banning encouraging a minor to seek a legal out-of-state abortion.
"The recruitment provision targets speech because of its message – that abortion is safe, common and normal – and available in certain states – and is presumptively unconstitutional," the judge added.
Gibbons noted that she was brought in to hear this lower court case after four judges from the Middle District of Tennessee recused themselves. If Tennessee appeals the decision, the case will advance to the U.S. Court of Appeals for the Sixth Circuit.
The Tennessee attorney general has already appealed a November decision by U.S. District Judge Aleta Trauger that temporarily blocked the recruitment provision. That appeal remains pending in the Sixth Circuit Court.
The case was brought by Democratic state Rep. Aftyn Behn, who is a licensed social worker, and Rachel Welty, a Nashville attorney and pro-abortion advocate.
"Because plaintiffs wish to speak about legal abortions and seek to help minors obtain legal, out-of-state abortions, their intended speech is protected under the First Amendment," Gibbons wrote.
Tennessee Attorney General Jonathan Skrmetti, left, with Senate Majority Leader Jack Johnson, R-Franklin, look on during a press conference discussing the U.S. Supreme Court's 6-3 decision which upheld Tennessee's ban on gender transition treatments for minors at the state capitol on Wednesday, June 18, 2025. (The Tennessean )
"The court grants summary judgment for the plaintiffs on their free speech claims and enjoins enforcement of the recruiting prong of the statute," Gibbons wrote. "The statute is not, however, void for vagueness. The court therefore grants summary judgment for defendants on plaintiff's vagueness claim."
The law does not apply to the minor’s parent or legal guardian, licensed media providers acting in emergency situations, or law enforcement acting within official duties.
Violations constitute a Class A Misdemeanor punishable by up to 11 months and 29 days in jail or a fine of up to $2,500. The statute provides that violators "may be held liable in a civil action for the wrongful death of an unborn child who was aborted."
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After the U.S. Supreme Court overturned Roe v. Wade, Tennessee enforced a "trigger law," effectively banning abortions in most cases, with limited exceptions.
Danielle Wallace is a breaking news and politics reporter at Fox News Digital. Story tips can be sent to danielle.wallace@fox.com and on X: @danimwallace.
https://www.foxnews.com/politics/federal-judge-partially-blocks-law-banning-adults-from-helping-minors-get-out-of-state-abortions