Judge upholds mandate for pro-life pregnancy centers to refer patients for abortion

A federal judge has ruled that Illinois cannot require pro-life ministries to promote abortion but can require pro-life doctors to refer patients for abortion because that requirement doesn’t “implicate speech.”

The Christian Post reports that Judge Iain Johnston of the U.S. District Court for the Northern District of Illinois’ Western Division sided with pro-life doctors and pregnancy care organizations who had challenged a section of Illinois Public Act 099-0690 that they said violated the First Amendment.

The portion of the law that was challenged required healthcare facilities, physicians and healthcare personnel to: “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 or care.”

Johnston declined to invalidate another section of the law which requires physicians, healthcare facilities and personnel to: “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 or care.”

According to the Christian Post, the judge ruled that the second part of the challenged law regulated conduct rather than speech and therefore did not violate First Amendment protections of free speech.

Judy Cocks, executive director of 1st Way Life Center, lauded the ruling, saying it would “permanently protect” pro-life pregnancy centers from the state’s “attempt to force us into becoming mouthpieces for the abortion industry.”

Cocks continued, adding, “What I see regularly at our centers, instead, is the pain and regret that comes with abortion,” she continued, stressing that women “deserve options rooted in love, not mandates that harm our communities and the women and children we serve.”

Reaction from Thomas More Society Executive Vice President Thomas Olp was mixed as he applauded the first part of the judge’s ruling protecting free speech but expressed deep concerns over upholding the abortion referral requirement.

In a statement released on Monday, Olp said, “We are greatly concerned that the court did not fully protect conscience rights, leaving our clients forced to compromise their deepest beliefs.”

Olp added that the Thomas More Society would be, “continuing this fight against the State of Illinois in the Seventh Circuit.”

Photo: top, Credit: CompassCare