llinois Judge Suspends Abortion Notification Law

Measure forces pregnancy centers to promote abortion

Church Militant

Stephen Wynne

ROCKFORD, Ill. (ChurchMilitant.com) – In a setback for mandatory abortion referral laws, a federal judge is halting implementation of an Illinois notification measure.

U.S. District Court Judge Frederick Kapala has temporarily suspended enforcement of SB1564, a measure that compels pro-life pregnancy care centers and doctors to publicize abortion to their clients. In his ruling, Kapala warned that SB1564, an amendment to the Illinois Healthcare Right of Conscience Act, may threaten religious liberty and free speech rights.

SB1564 went into effect January 1. In response, the National Institute of Family and Life Advocates joined with 18 Illinois pregnancy care centers to challenge it in court. . . [Full text]

 

Pro-life Doctor Challenging Illinois Law That Forces Docs to Counsel Patients on Abortion “Benefits”

New American

Raven Clabough

A pro-life doctor in Illinois is embroiled in a legal battle to challenge a 2016 law that requires all doctors, pharmacists, and pregnancy centers to assist women in obtaining abortions, regardless of whether the medical professionals are opposed to the procedure.

SB 1564 narrowly passed the Illinois House on party lines before being signed into law by Republican Governor Bruce Rauner. Under the law, which amends the state’s Health Care Right of Conscience Act, doctors are required to provide information to patients about the “benefits” of abortion. It indicates that medical personnel must “inform a patient of the patient’s condition, prognosis, legal treatment options, and risks and benefits of the treatment options in a timely manner consistent with current standards of medical practice.”

The law mandates that physicians who are unwilling to provide the requested service “because the healthcare service is contrary to the conscience of the healthcare facility, physician, or healthcare personnel” must refer the patient to someone who will.

But those opposed to abortion contend that asking them to refer patients to someone who will provide them abortion services continues to violate their consciences. . .  [Full text]

 

Important legal action: 18 women’s health organizations sue Illinois Gov. Rauner

Illinois Pregnancy Resource Centers Sue Governor for First Amendment Violations:  State Law Compels Staff to Refer for Abortions Despite Religious Objections

News Release

Thomas More Society

(February 10, 2017 – Chicago) Eighteen Illinois women’s health organizations are suing Governor Bruce Rauner over Illinois’ new law forcing pro-life doctors and pregnancy resource centers to discuss abortion benefits and refer pregnant women for abortions despite their conscience-based opposition to abortion.

The controversial SB 1564, which amended the Health Care Right of Conscience Act effective January 1, 2017, has left Illinois’ over 90 not-for-profit pregnancy resource centers with little choice but to file suit seeking a judicial determination that the law unconstitutionally abridges their free speech and interferes with their religious beliefs.

The Thomas More Society filed for injunctive relief this week on behalf of 18 of the centers, citing violations of multiple rights under the Constitution of the State of Illinois. It filed an action on behalf of two others late last week, The Women’s Centers of Greater Chicagoland and Hope Life Center in Sterling, Illinois. Some of the centers have been forced to stop medical services, which include pregnancy tests, sonograms, and STD testing, until the legal issues are resolved.

Thomas Olp, Attorney for the Thomas More Society, observed, “This law targets pro-life pregnancy centers, which do not refer for abortion, and whose pro-life mission is to advise clients of alternatives to abortion. The new law requires these pro-life centers, and only them, to discuss ‘benefits’ of abortion with their clients and to name abortion providers upon request. This is the essence of forced government speech prohibited by the free speech provisions of our federal and state constitutions. The First Amendment equally protects the right to speak and not to speak. The government cannot show a compelling reason for this requirement since information about abortion is readily available from all sorts of public and private sources.

It is as easy to find the location of an abortion clinic as to find our clients’ pregnancy resource centers. Moreover, the law is content-based and viewpoint-discriminatory, meaning it applies to a certain type of speech, and targets only conscience-based objectors, but leaves all others free from regulation. Its intent really is to directly interfere with pro-life pregnancy centers that have aided many thousands of pregnant women over the years learn that abortion is not the only choice in a problem pregnancy, and that adoption and parenting are not only healthier choices for the mother but avoid the tragedy of abortion, which kills an unborn child. In my view, the law is nefarious and pernicious in its targeting of pro-life physicians and pregnancy resource centers.”

The lawsuit, filed in the Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois – Chancery Division, charges Governor Rauner and his Secretary of the Illinois Department of Financial & Professional Regulation, Bryan Schneider, with several constitutional violations resulting from enacting SB 1564. The Plaintiffs advance claims under the free speech, religious liberty, due process, and equal protection clauses of the state constitution.

Those abuses include infringement of the following rights:

The Constitution of the State of Illinois’ guarantee that, “All persons may speak, write, and publish freely.” The Plaintiffs’ freedom of speech is abridged when the state compels them to discuss treatment options and disclose abortion providers to which they possess sincerely-held religious objections.

The statute is vague and therefore violates constitutional due process because it does not give fair notice to a person of common intelligence as to what it requires. Rather, one must guess as to its meaning.

The statute denies plaintiffs equal protection of the laws in that it targets a class of conscience-based objectors but does not regulate health care providers who do not have conscience-based objections.

The law interferes with the Illinois Constitution’s guarantee of free exercise of religion. Article I, Section 3 guarantees “the free exercise and enjoyment of religious profession and worship, without discrimination.”

The Illinois Religious Freedom Restoration Act protects Illinoisans’ free exercise of religion. SB 1564 substantially burdens the plaintiffs’ exercise of religion.

Mary Strom, Executive Director of The Women’s Centers, which has three sites in the Chicago area, stated that the organization’s success is directly tied to its Catholic identity, even while it serves women of all faiths. “I credit the success we have had in helping women to the power of prayer,” she shared. “Everything comes from that.”

Hope Life Center in Sterling, Illinois, was founded by Laura Petigoue and her husband, Mark. “It was after I learned about the devastation that abortion brings that we dedicated ourselves to addressing the needs of women experiencing unplanned pregnancies and providing loving, Christ-centered alternatives,” recalled Petigoue, who is greatly saddened by Illinois’ adoption of this law she calls, “monstrously prejudicial.” Debbie Case, the Executive Director of Hope Life Center, noted, “For over 30 years, Hope Life Center has been the only organization in our community dedicated to providing women with the education and medical services they need to make informed decisions about unwanted pregnancies. Now we have had to suspend all our medical services because this new law mandates us to serve these women in a way that is harmful to them and to their unborn children. We’re seeking relief from this law so we can get back to doing what we do best, taking care of vulnerable women in our community.”

Mr. Olp also observed, “Most of our Plaintiffs have literally spent decades helping women by providing information about alternatives to abortion (parenting and adoption), thereby helping to empower and encourage them to recognize that a choice for life for their unborn child is much preferable to abortion both for them and for their unborn babies. The new law strikes at the Plaintiffs’ faith-based ability to render effective assistance to pregnant women about child bearing and child rearing by requiring them to substitute a secular government-sponsored message totally at odds with their faith position. The government is not permitted constitutionally to do this, in our view.”

The Pregnancy Resource Centers filing suit this week were:

ABIGAIL WOMEN’S CLINIC, Mendota;
CHOICES PREGNANCY AND HEALTH, Charleston;
CORBELLA CLINIC, South Elgin;
FAMILY LIFE CENTER, INC., Effingham;
FIRST STEP WOMEN’S CENTER, Springfield;
FREEPORT PREGNANCY CENTER, Freeport;
HOPE LIFE CENTER, INC., Sterling;
LIGHTHOUSE PREGNANCY CENTER, Vandalia;
NEW LIFE PREGNANCY CENTER, Decatur;
OPTIONS NOW, Godfrey;
PREGNANCY INFORMATION CENTER, Aurora;
PREGNANCY RESOURCES, Moline;
PREGNANCY RESOURCE CENTER, Rushville;
SOUTHSIDE PREGNANCY CENTER, INC., Oak Lawn;
SPOON RIVER PREGNANCY RESOURCE CENTER, Canton;
THE WOMEN’S CENTERS OF GREATER CHICAGOLAND, Chicago;
WATERLEAF WOMEN’S CENTER, Aurora and Bolingbrook;
WE CARE PREGNANCY CENTER, DeKalb.

Link to the above filing here.

Read the Verified Complaint for Declaratory and Injunctive Relief, filed February 2, 2017, in the Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois – Chancery Division, in the case, The Women’s Centers of Greater Chicagoland, a not-for-profit Illinois corporation, and Hope Life Center, Inc., a not-for-profit Illinois corporation v. Bruce Rauner, in his official capacity as Governor of State of Illinois, Bryan A. Schneider, in his official capacity as Secretary of the Illinois Department of Financial & Professional Regulation, in his official capacity here.


The Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago and Omaha, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, visit thomasmoresociety.org.

 

Doctor, multiple pregnancy care centers file federal suit over Illinois mandate to promote abortion

SB 1564 violates federal law, Constitution

News Release

Alliance Defending Freedom

ROCKFORD, Ill. – Alliance Defending Freedom attorneys representing multiple pregnancy care centers, a pregnancy care center network, and a doctor and her medical practice filed suit Thursday in federal court against Gov. Bruce Rauner after he recently signed a bill into law that forces them to promote abortion regardless of their ethical or moral views. The lawsuit also names Bryan Schneider, secretary of the Illinois Department of Financial and Professional Regulation.

ADF sent a letter to Rauner in May on behalf of numerous pro-life physicians, pregnancy care centers, and pregnancy care center network organizations advising him that the bill, SB 1564, would violate federal law and therefore place federal funding, including Medicaid reimbursements, in jeopardy. ADF also warned legislators about the problems with the bill last year. The lawsuit claims the new law, which is actually an amendment to the existing Illinois Healthcare Right of Conscience Act, violates federal law and the U.S. Constitution.

“No state should attempt to rob women of the freedom to choose a pro-life doctor, but that is the choice that Illinois is eliminating by mandating that pro-life physicians and entities make or arrange abortion referrals. To make matters worse, the state did this by amending a law designed specifically to protect freedom of conscience,” said ADF Senior Counsel Matt Bowman. “As our lawsuit explains, the law is incompatible with the U.S. Constitution and both federal and state law, which protect citizens from being forced by the government to live and act in a way contrary to their faith and conscience.”

The new law forces pregnancy care centers, medical facilities, and physicians who conscientiously object to involvement in abortions to adopt policies that provide women who ask for abortions with a list of providers “they reasonably believe may offer” them. Both federal and state law prohibit the government from placing burdens on religious conscience without a compelling interest for doing so. Additionally, the Illinois Constitution protects “liberty of conscience,” saying that “no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions.” Both the Illinois Constitution and the U.S. Constitution protect free speech, which includes the right not to be compelled by government to speak a message contrary to one’s own conscience.

“Medical professionals and pregnancy care centers shouldn’t be forced to speak a message completely at odds with their mission and ethics,” explained ADF Senior Counsel Kevin Theriot. “The centers offer women free information and services and do so at no cost to the government. They empower women who are or think they may be pregnant to give birth in circumstances where they may want to but don’t feel they have the necessary resources or social support. All SB 1564 accomplishes is to eliminate this choice for the women who need it most.”

Mauck & Baker LLC attorneys Noel Sterett and Whitman Briskey, two of nearly 3,100 private attorneys allied with ADF, are co-counsel in the case, National Institute of Family and Life Advocates v. Rauner, filed in the U.S. District Court for the Northern District of Illinois. ADF attorneys filed a similar lawsuit in state court last month.

  • Pronunciation guide: Bowman (BOH’-min)

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

Does an Illinois bill threaten doctors’ conscience rights? Depends on whom you ask

Catholic News Agency

Matt Hadro

Springfield, Ill., May 29, 2015 / 03:13 pm (CNA/EWTN News).- An Illinois bill that some say threatens the conscience rights of medical providers is currently under consideration in the state’s general assembly.

Catholics and pro-lifers are divided among themselves over the implications of SB 1564 for the conscience rights of medical providers.

While the state’s Catholic Conference is neutral on the bill, the Christian legal group Alliance Defending Freedom states that it “would force medical facilities and physicians who conscientiously object to involvement in abortions (and other procedures) to refer for, make arrangements for someone else to perform, or arrange referral information that lists willing providers, for abortions.” . . . [Full text]