Tennessee Democratic state representative Aftyn Behn, currently running in the state’s 7th Congressional District special election, has a documented history of publicly declaring her willingness to face criminal charges for abortion advocacy. The facts here are straightforward and come directly from her own statements.
Behn is seeking to fill the seat vacated by Rep. Mark Green, who resigned earlier this year. Her opponent is Republican Matt Van Epps, who has received President Donald Trump’s endorsement. The contrast between these candidates could not be more stark, particularly on the issue of abortion law.
In May 2022, Behn participated in a conversation where she explicitly discussed circumventing medical regulations. “What this does not mean for Tennessee is that groups on the ground will continue to provide training in terms of self-managed abortions, and so, instead of going to a doctor because we won’t have any doctors that provide abortions, how do you do it at home?” she stated. She continued, “We’ll continue to figure out how to get abortion pills to people. So the organizing does not stop just because Roe is overturned.”
Let us be clear about what Tennessee law actually says. In August 2022, the state enacted legislation making most abortions illegal except in cases of medical emergency. This represents the will of Tennessee voters, expressed through their elected representatives in a constitutional republic. That is how representative democracy functions.
In 2024, Republican Governor Bill Lee signed additional legislation creating the criminal offense of abortion trafficking of a minor and providing civil remedies for violations. The law specifically targets those who facilitate abortions for minors without parental consent, often across state lines.
Behn joined a lawsuit challenging this law. More significantly, she told media outlets in April 2024 that she would openly violate it. “I think most importantly, we’ll see the increased criminalization of people seeking abortions and those assisting them. So I anticipate lots of bail funds for women seeking abortions, getting caught getting abortions, women like myself that plan to travel with women getting arrested,” she said.
She then characterized Tennessee as a “dystopian reality” because the state enforces laws protecting unborn life and parental rights. This framing is both hyperbolic and revealing. A state that requires parental involvement in medical decisions for minors and protects unborn children is not dystopian. It is a state attempting to balance competing interests through the democratic process.
The question for Tennessee voters in this special election is simple: Do they want a representative who will respect the rule of law and the legislative process, or one who has publicly committed to violating state statutes she personally disagrees with?
Behn’s statements are not theoretical musings. They represent a clear declaration of intent to break laws duly enacted by the Tennessee legislature. This is not civil disobedience in the tradition of Martin Luther King Jr., who accepted legal consequences to highlight unjust laws. This is a candidate for federal office announcing plans to organize systematic violation of state law while establishing bail funds to facilitate continued lawbreaking.
A federal judge has since blocked portions of the 2024 law from taking effect, which is the appropriate legal channel for challenging legislation one believes to be unconstitutional. That is how the system is designed to work.
Tennessee voters deserve representatives who will work within constitutional frameworks to advance their policy preferences, not those who promise to become outlaws the moment democratic outcomes displease them.
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