Court Blocked Tennessee Abortion Recruitment Law
The Sixth Circuit Court of Appeals affirmed an injunction against a law criminalizing the recruitment of minors for abortions.
Updated on Oct. 11, 2026 in Sex Crimes
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In September 2026, the Sixth Circuit Court of Appeals upheld a universal injunction against the recruitment provisions of Tennessee's Underage Abortion Trafficking Act. The ruling follows a district court decision that found the law constituted unconstitutional viewpoint discrimination.
Why it matters
The law aimed to criminalize intentionally recruiting an unemancipated minor to obtain an abortion, which is currently banned at all stages of gestation in Tennessee. By affirming the injunction, the appeals court blocked enforcement of the provision after finding it was facially overbroad.
The Sixth Circuit Court of Appeals issued an injunction barring enforcement of the Recruitment Provision in Welty v. Dunaway. The district court previously granted summary judgment to plaintiffs Rachel Welty and Aftyn Behn on their First Amendment claims.
The players
Rachel Welty
She is an abortion rights advocate who served as a lead plaintiff challenging the Tennessee legislation.
Aftyn Behn
She is an abortion rights advocate and co-plaintiff in the legal challenge against the state recruitment law.
The details
The district court determined that the Recruitment Provision represented unconstitutional viewpoint discrimination and was facially overbroad. The ruling permanently bars officials from enforcing the law, which specifically targeted the recruitment of minors to travel for abortion services.
Timeline
In 2022, the Supreme Court issued the Dobbs v. Jackson decision.
Tennessee enacted the Underage Abortion Trafficking Act in 2024.
The Supreme Court issued its ruling in Trump v. CASA, Inc. in 2025.
The Sixth Circuit Court of Appeals issued its ruling in September 2026.
Legal Context
This litigation follows the precedent set by the 2022 Dobbs v. Jackson decision, which returned abortion regulation authority to individual states. The current ruling serves as a notable check on state-level enforcement mechanisms by invalidating laws based on First Amendment protections.
The court's injunction prevents the immediate threat of criminal prosecution for individuals or groups involved in assisting minors with out-of-state abortion access. Residents and organizations in Tennessee operate under the current ruling which protects recruitment activities from state-level criminal charges.
The takeaway
The appellate ruling reinforces First Amendment protections against state statutes that criminalize speech related to out-of-state abortion access. Organizations should continue to monitor the case as potential en banc review could alter the current legal landscape.
Further reading
Learn more about local legal developments in Tennessee Sex Crimes.
Source note: This article includes information reported by Reason.
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