Tennessee 2026 HB 570 and SB 738
Overview
Tennessee 2026 HB 570
Filed by Tennessee State Rep. Jody Barrett
Note: Since these bills were filed as captions (placeholders) in 2025, and since the equal protection bill is being filed as an amendment to the caption, the text of this bill is not yet visible on the Tennessee General Assembly's website. For reference, the bill text is available to read here.
Tennessee 2026 SB 738
Filed by Tennessee State Sen. Mark Pody
Legislative updates:
Provides Equal Protection to Preborn Children
If we truly believe that a fetus is a person made in the image of God, then to be consistent with the Constitution and God’s Word, the laws which protect human beings who are born must equally protect those who are not yet born.
“No state shall deny to any person within its jurisdiction the equal protection of the laws” (U.S. Constitution, 14th Amendment).
“That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or the law of the land” (Tennessee Constitution, Article I, § 8).
“There are inconsistencies between Fourteenth Amendment status and the typical abortion statute. If the fetus is a person, why is the woman not a principal or an accomplice? If the fetus is a person, may the penalties be different?” Supreme Court of the United States. Roe v. Wade, 410 U.S. 113, 157-58 n. 54 (1973).
“So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets” (The Golden Rule, Matthew 7:12).
“You shall love your neighbor as yourself” (Mark 12:31).
“You shall not be partial in judgment” (Deuteronomy 1:17).
FAQs
Tennessee: Overall Abortion Numbers are Rising
Despite the recently enacted Human Life Protection Act, Tennessee babies are still being aborted on a horrific scale. Based on conservative projections, over 15,166 Tennessee preborn babies were legally murdered in 2024 as allowed by current law.[1] At least 10,000 occurred out of state,[2] while another 5,166 Tennessee mothers legally performed DIY at-home abortions using the abortion pill.[3]
NOTES:
Tenn. Code Ann. § 39-13-214(c), 39-15-213(e), 39-15-216(f), and 63-6-1105(b)
Maddow-Zimet I, Philbin J, DoCampo I and Jones RK, Monthly Abortion Provision Study, updated November 18, 2025, https://osf.io/k4x7t/
Society of Family Planning. #WeCount Report April 2022 through June 2025. December 9, 2025, https://societyfp.org/wecount-report-9-december-2024-data/, https://doi.org/10.46621/725961gzsnai. The telehealth numbers in this chart are adjusted down from #WeCount totals to account for studies that indicate only 88% of mail order abortion pills are actually taken to complete an abortion. See the Babies Unprotected report for additional sources.
Does the bill criminalize women?
No. The bill criminalizes the act of knowingly and willfully causing the death of a preborn child.
To deter such conduct and to provide equal protection of the laws, the bill does prohibit everyone, including pregnant mothers, from engaging in the unlawful act of prenatal homicide.
Once the bill is passed and becomes effective, the justice system would determine on a case-by-case basis whether any report of suspected prenatal homicide would be investigated and prosecuted and for what charge, and whether anyone would be convicted and sentenced. This justice system includes:
Law enforcement
Prosecutors
Grand juries
Trial juries
Judges
Multiple appellate courts
Governor pardons
All defendants would have the right to an attorney, the right to remain silent, and all other constitutionally required due process. The state would bear the burden of proving its case beyond a reasonable doubt.
Finally, before any sentence could be imposed upon any defendant, the people participating in that justice system process would be required to be in nearly unanimous agreement that the process and outcome were just.
Did the Human Life Protection Act significantly reduce abortions of Tennessee babies?
No. It only regulates abortion by prohibiting third-parties like clinics from performing abortions.
However, it allows pregnant mothers to self-induce their own abortions throughout the pregnancy. This also means that, up to a point, it remains legal for others to pressure pregnant mothers into aborting their babies.
Could anyone who has been involved with an abortion in the past be prosecuted?
No. The bill explicitly prohibits retroactive enforcement, as do the Tennessee Constitution and the U.S. Constitution.
Could the bill punish women who have had miscarriages?
No. The bill explicitly provides that it would not apply to accidental or natural deaths (i.e. spontaneous miscarriages).
Would the bill allow doctors to deal with life-threatening medical emergencies like ectopic pregnancies?
Yes. The bill explicitly allows for that.