http://tennessean.com/government/archives/04/03/48013158.shtml?Element_ID=48013158 Tuesday, 03/09/04 Exceptions lifted from anti-abortion measure By BONNA de la CRUZ Staff Writer Change means constitution wouldn’t guarantee rights in cases of rape, incest, mother’s health, but lawmakers could The state Senate last night stripped the right to an abortion in cases of rape, incest or to protect the life of the mother from a proposed anti-abortion amendment to the state constitution. The effect of the action was to give the legislature authority to make exceptions if abortions were ever outlawed in Tennessee. A final vote was delayed until Thursday on the resolution, which says the state constitution does not guarantee or protect the right to abortion. The issue awaits action in the House as well. In a 90-minute, often emotional debate, which Sen. Larry Trail, D-Murfreesboro, called ''the most difficult issue I've had to vote on,'' the Senate took the first steps in getting the proposed constitutional amendment before Tennessee voters in 2006. State Sen. David Fowler, R-Signal Mountain, the resolution's sponsor, said he expects to have the votes necessary to pass the measure Thursday. The delay was granted, in part, for senators who said they wanted to give notice to constituents about changes to the measure and those who were uncomfortable about the final wording of the amendment. Initially, Democrats offered an amendment to provide a constitutional right to abortions for victims of rape or incest or when a woman's life is in danger. That effort was led by Sen. Roy Herron, D-Dresden, who said he and his wife almost had to face the gut-wrenching choice once of saving his wife's life or ending her pregnancy. ''I will tell you with every ounce of my fiber, it's a decision we make with the guidance of almighty God, not the almighty government,'' Herron said. But a Republican effort to change the amendment prevailed. That change, offered by Sen. Mark Norris, R-Collierville, would give the legislature the power to make such exceptions. ''I offer this as a compromise,'' said Norris, adding that Herron's protections would be open to too many interpretations by liberal judges. Herron responded that Norris' amendment was extreme and removed any protections for women. Herron offered this scenario: If the constitutional amendment passes with Norris' wording and the U.S. Supreme Court overturns abortion protections in Roe vs. Wade, the Tennessee legislature could choose to ban abortion but not choose to put in safeguards for victims of rape or incest or women whose lives are in danger. ''Its effect is to provide the illusion of protection without the reality of protection,'' Herron said. Fowler said he has no doubt the legislature would come back and vote to protect the life of a mother and that it's better for the legislature — not judges — to define rape and incest. As the measure stands, the constitutional amendment would read: ''Nothing in this constitution secures or protects a right to abortion or the funding thereof; except the legislature shall have the authority to make such exceptions as the legislature deems necessary, including the authority to make exceptions in the case of rape or incest or to save the life of the mother.'' A bipartisan group of 20 senators passed the amendment with 12 Democrats voting against it. ''It doesn't make any sense,'' Sen. Steve Cohen, D-Memphis, said. ''This is no way to amend the constitution. This is going to the slaughter factory and not wanting to see how the sausage is made. It's pure Jimmy Dean.'' Sen. Jerry Cooper, D-Morrison, was one of the Democrats supporting the amendment because he is pro-life but said he thinks some Republicans brought it forward as a political issue to try to defeat some Democrats in November. Sen. Jo Ann Graves, D-Gallatin, said she expects to support the constitutional amendment ''in some form or fashion'' but also believes strongly in guaranteeing safeguards for the three exceptions. ''I am torn,'' said Graves, speaker pro tem of the Senate, after the meeting adjourned. ''I had a friend raped at 19. I watched her cry. She had her tubes tied because she didn't ever want a child to go through what she went through,'' said Graves, her eyes filling with tears. ''People don't understand when you talk about rape, how horrible it is for a woman. It's important that we have protections.'' Opening prayer criticized Clifton Fox, minister of the Etowah Church of Christ set the stage for last night's state Senate vote on a anti-abortion amendment to the Tennessee Constitution. Fox was invited by Sen. Jeff Miller, R-Cleveland, to give the customary opening prayer on the Senate floor. Miller supports the amendment to strip abortion guarantees from the state constitution. ''Give our legislature the strength to stand for what is right. … Protect them from civil liberty lawyers and lobbyists against life,'' Fox prayed. Afterward, Sen. Jerry Cooper, D-Morrison, told reporters he thought the prayer was ''totally inappropriate.'' ''I started to walk out,'' Cooper said. ''You don't take a side when you're praying,'' Cooper said. ''What about separation of church and state?'' Bonna de la Cruz covers state government. Reach her at 726-4892 or via e-mail at bdelacruz@tennessean.com.