In a wildly ridiculous case of GOP lawmakers wanting to make everything about ultimately banning abortion and punishing abortion patients, two (he/him) lawmakers in Tennessee have proposed a bill that would charge abortion patients with homicide.

Rep. Jody Barrett (R) and Sen. Mark Pody (R) have introduced House Bill 570 and Senate Bill 738, which, if passed, would revise the state’s criminal code to charge abortion patients with fetal homicide. Some media outlets have highlighted that this could mean abortion patients could receive the death penalty, which Rep. Barrett denies. But even though it’s true that their bill doesn’t explicitly mention the death penalty, punishment for fetal homicide can include life imprisonment, life without parole, or, yes, the death penalty.

The bill also removes protection for pregnant people. For the most part, states with abortion bans look to punish the doctor, healthcare provider, or anyone who helps someone get an abortion, not the abortion seeker themselves. But HB 570 and SB 738 would consider any harm done to a fetus as harm done to an individual “born alive” or, in other words, prioritize protections for a fetus over the pregnant person carrying them.

While the bill has yet to be voted on, it would take effect on July 1 if it passes—though it would not apply to any cases before then.

 

 

 

 

 

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The legislation was initially announced by anti-abortion group Foundation to Abolish Abortion (FAA), and was endorsed by the Southern Baptist Convention—or the same denomination that made headlines in 2019 for overlooking and enabling a system of church leaders who raped, molested, and abused hundreds of victims. It was also backed by Reps. Bud Hulsey (R), Ed Butler (R), and Monty Fritts (R)—the latter of whom defended the bill by telling the Tennessee Holler in late January that “murder is murder. I know that’s hard for people to hear, and I don’t mean to be hard with it, I promise.”

Tennessee is one of 13 states with a near-total abortion ban, and also considered one of the strictest bans in the country—while it has a vague exception for the life of the mother, the ban has zero exceptions for rape or incest. In July, one doctor also used the states newly-passed Medical Ethics Defense Act to deny a pregnant woman prenatal care because she was unmarried.

So far in 2026, three states, in addition to Tennessee, have tried to advance legislation aiming to classify abortion as murder. Ten states tried (and failed) to do the same in 2025. It’s a risky move for the GOP ahead of the midterms—as abortion rights remain overwhelmingly popular in the U.S. But if they want to dig their own grave, they have our blessing to shovel away.

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