Illinois controversy about legislative overreach

 Catholic bishops withdraw opposition, others remain opposed

Confrontation centres on complicity

Sean Murphy*

 Introduction

Among American states, Illinois has the most comprehensive protection of conscience legislation, the Health Care Right of Conscience Act (HCRCA). In 2009 an attempt was made to nullify the Act with respect to abortion, contraception and related procedures by introducing HB 2354 (Reproductive Health and Access Act), but the bill died in committee two years later.1 Now it appears that the HRCA may be changed by Senate Bill 1564. Critics say the bill tramples upon physician freedom of conscience,2 while the bill’s supporters, like the American Civil Liberties Union (ACLU), claim that the bill is “about making sure no one is withholding information from the patient.”3

SB 1564 was actually drafted by the ACLU,3 but it was introduced by Illinois Senator Daniel Biss. He said that the amendments were partly in response to the case of a woman who was miscarrying over several weeks, but who was refused “diagnosis or options” in the hospital where she had sought treatment.4  Senator Bliss was apparently referring to the story of Mindy Swank, who testified before a Senate legislative panel about her experience.  The Illinois Times reported that she suffered “a dangerous, weeks-long miscarriage” because of the refusal of Catholic hospitals to provide abortions.5

Unfortunately, the Illinois Senate Judiciary Committee does not record or transcribe its hearings, and conflicting news reports make it difficult to determine exactly what happened at some critical points in her story.  Moreover, it appears that the Committee did not hear from the hospitals and physicians who were involved with Ms. Swank, so we are left with a one-sided account of what took place.6

Nonetheless, as a first step in considering the particulars of the bill and the controversy it has engendered, it is appropriate to review the evidence offered to support it.  We will begin with Mindy Swank’s testimony, even if some details are lacking, and then examine the experience of Angela Valavanis, a second case put forward by the ACLU to justify SB 1564.7  [Full Text]

Illinois Women’s Health and Life Alliance Urges House Defeat of SB 1564

Bill Violates Rights of Doctors, Women and Creates Legal Liabilities

News Release

Illinois Women’s Health and Life Alliance

Contact: Tom Ciesielka, 312-422-1333, 312-403-1333 cell, tc@tcpr.net

SPRINGFIELD, Ill., May 4, 2015 /Christian Newswire/ — A coalition of Illinois and national leaders focused on protecting women’s health and life are calling upon Illinois State Representatives to defeat Senate Bill 1564, which seeks to amend the Illinois Health Care Right of Conscience Act. SB 1564 will dilute and undermine the current, federally compliant law as detailed in a bipartisan U.S. Congressional letter.

WHEN: Tuesday, May 5, 2015, 12 p.m. noon (CENTRAL)

WHAT: Illinois Women’s Health and Life Alliance press conference urging an Illinois House defeat of SB 1564.

WHERE: Blue Room, Illinois State Capitol Building, 401 S 2nd Street, Springfield, IL 62701; Map

ONLINE STREAMING: www.blueroomstream.com (for subscribers)

Choose 05-05-2015 LIVE 12:00 p.m. Rep. Morrison Press Conference (SB 1564 Health Care Right of Conscience) Blue Room Springfield

WHO:

• Dr. Mary Keen, MD, president of the Chicago guild of the Catholic Medical Association, will discuss how SB 1564 tramples on doctors’ rights of conscience.

• Debbie Shultz, executive director of Lifetime Pregnancy Help Center in Springfield, will speak to why it is imperative that the rights of conscience of those working at pro-life pregnancy centers not be violated by SB 1564.

• Illinois House Representative Ron Sandack (R – Downers Grove) will explain why he is voting against SB 1564 and is encouraging his legislative peers to vote against it as well.

• Attorney Anna Paprocki, staff counsel at Americans United for Life, will address SB 1564’s devastating legal implications for Illinois.

WHY: Illinois Women’s Health and Life Alliance is urging an Illinois House defeat of SB 1564 because…

Doctors’ rights of conscience are trampled on. SB 1564 would require doctors to facilitate abortions for any reason, and at any stage of pregnancy, despite their conscientious and professional objections. Illinois’ existing conscience law already ensures patient safety is not compromised by clarifying that a physician is not relieved from a duty to “inform his or her patient of the patient’s condition, prognosis, and risks…” The current law also clearly provides that healthcare personnel are not relieved from “obligations under the law of providing emergency medical care.”

Dr. Mary Keen, MD, will speak to this issue. Keen is the medical director of Pediatric Rehabilitation at Marianjoy Rehabilitation Hospital, clinical associate professor at Loyola University Chicago Stritch School of Medicine, and attending physician in the Departments of Pediatrics and Orthopedic Surgery Section of Rehabilitation Medicine. Keen is also president of the Chicago guild of the Catholic Medical Association.

The rights of those working at pro-life pregnancy centers are trampled on. SB 1564 would require pregnancy center workers to violate their core mission by referring women for abortions or distributing information on where to obtain abortions. Pregnancy centers that exist to offer women alternatives to abortions are healthcare providers bound by the bill’s coercive duties to promote abortions. SB 1564 would force pregnancy centers to discuss the so-called “benefits” of abortions and provide information on where to obtain abortions.

Debbie Shultz, executive director of Lifetime Pregnancy Help Center in Springfield, will speak to why it is imperative that the rights of conscience of those working at pro-life pregnancy centers not be violated by SB 1564.

Illinois becomes rife with new legal liabilities. SB 1564 jeopardizes Illinois’ federal funding including, but not limited to, the federal share of Medicaid. It violates longstanding federal conscience laws, including the Church Amendment, the Coats-Snowe Amendment, and the Hyde-Weldon Amendment. SB 1564’s requirements that healthcare providers “provide in writing information,” “transfer,” or “refer” patients for treatments to which they object, are incompatible with these federal laws. Violating these laws would seriously imperil the state’s federal funding for health-related services, which is expressly conditioned on compliance with these federal conscience laws.

Attorney Anna Paprocki will speak to this issue. Paprocki is staff counsel at Americans United for Life and a resident of Illinois. She has been interviewed about rights of conscience in a variety of news sources including National Review Online, Politico, Washington Times, Touchstone Magazine, World Magazine, National Catholic Register, Fox News, CBN, ABC News, CBS News, and NPR.

Illinois House Representative Ron Sandack (R – Downers Grove) will also address the media to emphasize why SB 1564 is a bad choice for Illinois.

Illinois Women’s Health and Life Alliance represents the following Illinois citizen organizations, physicians, and medical pregnancy center organizations, and national physician and pregnancy center organizations with Illinois members:

Illinois Citizens for Life

Illinois Family Institute

Illinois Federation for Right to Life

Illinois Right to Life

Family PAC

Lake County Right to Life

• Dr. Anthony J. Caruso, MD MPH, Downers Grove OB/GYN,

• Dr. L. Carl Jurgens, MD, OB Hospitalist, Rockford Health Physicians

• Dr. Mary Keen, MD, Clinical Associate Professor, Loyola University Medical Center

• Dr. Robert C. Lawler, MD, Downers Grove OB/GYN

• Dr. Richard G. Moutvic, MD, Obstetrics & Gynecology

• Dr. Joseph J. Kash, MD, Medical Director, Waterleaf, Edward Cancer Center

Aid for Women

Woman’s Choice Services

Waterleaf

Informed Choices

Relevant Pregnancy Resource Center

The Women’s Centers of Greater Chicagoland, Ltd.

Freeport Pregnancy Center

• Pregnancy Resource Center

We Care Pregnancy Clinic

Options Now Medical Pregnancy Center

Lifetime Pregnancy Resource Center

Community Hope Center

Life Network of Southern Illinois

Alliance Defending Freedom

American Association of Pro-Life Obstetricians and Gynecologists

Americans United for Life

Care Net

Heartbeat International, www.HeartbeatInternational.org

ADDITIONAL RESOURCES:

The text of SB 1546

Bi-partisan U.S. Congressional letter outlining how Illinois SB 1564 violates federal funding

Analysis of the bill by staff counsel Anna Paprocki of Americans United for Life

Letter from Pregnancy Resource Centers and OB/GYNs against SB 1564

Americans United for Life staff counsel Anna Paprocki’s response to an op-ed promoting the bill

About the Illinois Women’s Health and Life Alliance

The Illinois Women’s Health and Life Alliance is a coalition of Illinois and national leaders who have come together to protect women’s health and life in Illinois. Represented by two national public interest law firms, the Illinois Women’s Health and Life Alliance is comprised of thirty Illinois citizen organizations, physicians, and medical pregnancy center organizations, and national physician and pregnancy center associations with Illinois members.