Pro-life pregnancy centers challenge Illinois law which requires them to promote abortions

Featured in the image are ads for abortion clinics | Wikimedia Commons/jauretsi

Pregnancy centers in Northern Illinois have filed a lawsuit asking for a preliminary injunction against a law that would require them to hand out information or referrals to patients who are asking about abortion.

The lawsuit regarding an amendment to the Illinois Healthcare Right to Conscience Act was filed in August by the Pregnancy Care Center of Rockford, Anthony Caruso, A Bella Baby OBGYN in Downers Grove, Best Care for Women in Downers Grove, and Aid for Women, according to Rockford Register Star.

The amendment, which is set to take effect on Jan. 1, will require health care providers who conscientiously object to abortion to have protocols in place for providing patients with information or referrals to other health care providers who will perform the said procedure.

Matt Bowman, senior counsel with the conservative Christian legal firm Alliance Defending Freedom, is representing the coalition of health care providers in the case.

Assistant Attorney General Sarah Newman said that the statute will only take effect if the patient asks for the information.

Bowman argued that it is a violation of free speech rights of medical professionals who object to abortion. He also noted that the Department of Financial and Professional Regulation can impose a fine of $10,000 and take away their medical licenses if they do not refer patients to other providers who perform abortions.

He also pointed out that the state officials have not shown that "women are being harmed" by doctors or medical care providers who do not provide information about abortion.

Newman contended that professional speech can be regulated. She said that the law has been amended "to make sure that patient's rights are not trampled on because of your religious objection." She added that a patient will need to file a complaint with the department before a proper investigation on a doctor or clinic can begin.

Judge Eugene Doherty of the 17th Judicial Circuit said that the case "deserves more attention than the time available to me." He stated that he could issue a written decision before the next hearing, which is on Dec. 28.

Heartbeat International president Jor-El Godsey, who was present at the hearing last week, said that he was encouraged by the judge's line of questioning on both sides of the case. He has urged the 49 affiliates of his organization in Illinois not to comply with the law when it takes effect.

"It takes a courageous judge to go against the actions of a state legislature," said Godsey, according to Life News.

"The issues at stake—free speech and religious liberty—are so important that the case needs to be looked at closely. This goes to our very fundamental rights under the Constitution," he added.