Tennessee lawmakers advance a bill that would classify abortion as wrongful death and allow civil lawsuits against distributors of abortion pills, marking a significant escalation in the state’s restrictions on reproductive rights.
At a Glance
- Tennessee legislation would classify abortion as “wrongful death of an unborn person” and allow civil lawsuits against abortion pill distributors
- The bill permits damages of up to $5 million against entities delivering abortion medications like mifepristone and misoprostol
- While targeting mail-order abortion services, the legislation specifically exempts pharmacists, physicians, and women who take the pills
- The proposal strengthens Tennessee’s already strict laws against elective abortions
- Democratic lawmakers have responded with counter-legislation, though it faces slim chances in the Republican-controlled legislature
Civil Liability for Abortion Pill Distributors
Republican Representative Gino Bulso introduced legislation that would make anyone delivering abortion pills in Tennessee civilly liable for up to $5 million. The bill, which targets entities distributing abortion medications including mifepristone and misoprostol, aims to deter the delivery of these drugs across state lines, particularly through mail services. Senate Bill 419, the Senate version, was recently approved by the Senate Judiciary Committee and is headed for a full Senate hearing, while the House version is scheduled for consideration in the House Judiciary Committee on April 9.
The legislation specifically classifies abortion as the “wrongful death of an unborn person” and references Tennessee’s wrongful death statute, which already includes “an unborn child at any stage of gestation” in its definition of “person.” Importantly, the bill was amended to allow civil lawsuits against distributors if the pills cause “catastrophic loss or injury” in an abortion, though it does not target pharmacists, physicians, delivery services, or women who take the abortion pill themselves.
A bill that would permit lawsuits of up to $5 million against abortion pill manufacturers heads for a final vote in the Tennessee Senate. https://t.co/ueJMTvWhnl
— Knox News (@knoxnews) April 2, 2025
Personhood Concerns and Legislative Purpose
The bill’s inclusion of language suggesting that “human life begins at fertilization” has raised concerns among reproductive rights advocates who fear it could pave the way for criminalizing abortion in Tennessee. However, Representative Bulso has denied that his proposal constitutes a “personhood” bill, emphasizing that it addresses civil rather than criminal actions. The legislation also specifies that it does not apply to the use of these medications for non-abortion purposes, such as treating stomach ulcers.
“It’s difficult to put a value on a life — an economic value — and when you’re talking about an unborn child who is killed without even having the chance to survive outside the womb, $5 million is a reasonable amount,” said Rep. Gino Bulso.
Senator Joey Hensley, who sponsors the Senate version, has stated that the bill’s purpose is to protect unborn children and address out-of-state providers who send abortion drugs into Tennessee. Supporters have pointed to specific cases during testimonies, including instances where women were coerced into taking abortion pills by partners or faced complications after ordering pills from international sources. The bill’s proponents argue it would help deter mail-order abortion schemes and prevent situations where women may be forced to manage serious complications alone.
Democratic Response and Opposition
In direct response to Bulso’s bill, Democratic Representative Aftyn Behn has introduced the “Reproductive Freedom Act,” which advocates for the fundamental right to contraception and abortion. Behn’s legislation explicitly opposes the notion that a fertilized egg, embryo, or fetus has independent rights under state law. The timing of this counter-legislation was described by Behn as “intentional to draw a contrast to the dystopian future and draconian overreach of Bulso’s bill.”
“We are still reviewing the bill, but this appears to be a ‘personhood’ bill — a worst-case scenario that could put patients in prison and face hefty fines for receiving abortion care,” Ashley Coffield said.
Other Democratic lawmakers have proposed more modest reproductive protections, focusing on access to hormonal birth control and in vitro fertilization. However, these Democratic bills face long odds in Tennessee’s Republican-controlled legislature. Meanwhile, anti-abortion group Tennessee Right to Life has not yet commented on Bulso’s bill, citing its preliminary status. The legislative battle underscores Tennessee’s position as one of the states with the most restrictive abortion laws in the country, where abortion pills are already illegal for elective procedures.
