Trump Administration Says Illinois Abortion Referral Mandate Breaks Federal Law

A federal court in Illinois ruled last year that a state law forcing pro-life pregnancy centers, medical facilities, and doctors with religious or moral objections to abortion to promote abortion violated the First Amendment.

The court contended that the law required these facilities to discuss the risks and benefits of abortion, which is compelled speech. But the matter was not fully resolved. The court ruled that the law’s requirement that pro-life facilities refer pregnant women to abortion facilities is not unconstitutional.

Alliance Defending Freedom (ADF), which represents the National Institute of Family and Life Advocates and three pregnancy centers in the state, announced that the U.S. Department of Health and Human Services (HHS) disagrees. The provision does violate the Constitution.

According to ADF, HHS said in a notice of violation that the state is barred from discriminating against a health care entity that refuses to refer pregnant women to abortion clinics — whose whole business is to kill unborn babies.

The moral and religious mission of pro-life pregnancy centers and medical facilities is to protect unborn life and provide resources for pregnant women in crisis.

“The U.S. Supreme Court held in NIFLA v. Becerra that forcing people to promote abortion is unconstitutional,” said Erin Hawley, ADF counsel. “We applaud HHS’ determination that pro-life pregnancy centers must be free to continue their life-affirming work without fear of government punishment.”

ADF filed an appeal to the U.S. Court of Appeals for the Seventh Circuit on behalf of its clients.

Photo credit: American Life League (Creative Commons) – Some rights reserved

Check Also

Viewpoint Discrimination? A Federal Court Says This Christian Couple Who Wants to Foster Children May Have a Case.

Children in the foster care system need homes, but Washington state will not place them …