A three-judge panel of the U.S. Court of Appeals for the Second Circuit on Monday ruled against Letitia James, New York attorney general, in a case that involves faith-based pregnancy centers.
Alliance Defending Freedom (ADF) represents the plaintiffs, National Institute of Family and Life Advocates, Gianna’s House, and Options Care Center.
Censorship Fails
James initiated civil enforcement actions against faith-based pregnancy centers and filed lawsuits to stop them from sharing information about abortion reversal. If a pregnant woman has taken the drug mifepristone, which induces abortions, taking progesterone could reverse the abortion.
But James, who believes women have a constitutional right to kill their unborn babies, claims that this information is misleading and wants pregnancy centers to stop sharing it with women.
The Second Circuit disagreed with James, ruling that pregnancy centers can continue to tell women about their options while the matter is still pending, affirming a lower court’s ruling.
Protected Speech
James argued that promoting abortion reversal is commercial speech, which involves a lower level of scrutiny in court. The panel disagreed. The speech is religious and moral, and triggers a higher level of scrutiny.
Women Need to Know
Caroline Lindsay, an ADF attorney, who argued the case before the court, said that women who regret their abortions and want to stop the process should know they could save their babies.
“The court is correct to affirm that women in New York have the right to access information about safe and effective supplemental progesterone through their local pregnancy centers, regardless of what the attorney general may personally believe,” she said. “The First Amendment clearly protects the right to speak and hear about this potentially life-saving option.”
