A federal judge in Illinois has issued a split ruling in a case against a state abortion law, finding part of the law violates the constitutional right to free speech by compelling medical professionals who do not believe in abortion to discuss its benefits.
U.S. District Court Judge Iain D. Johnston on Friday found part of the Illinois Health Care Right of Conscience Act unconstitutional in a case brought by the National Institute of Family and Life Advocates and three pro-life pregnancy centers.
“The Court concludes that Public Act 99-690 Section 6.1(1), in exchange for a liability shield, compels speech, requiring a discussion about the risks and benefits of childbirth and abortion. That compelled discussion violates the First Amendment,” Johnston said in the ruling.
Johnston, however, ruled another section of the law in question constitutional. That part of the law requires medical providers, if a patient asks, to either refer or transfer patients, or give written information about which other providers may offer services that they “can’t provide because of a conscience-based objection.”
“Conceivably, the State has a legitimate interest in facilitating abortions provided by health care professionals to reduce the number of ‘self-managed abortions’ or ‘self-induced abortions,’ which are inherently dangerous,” Johnston wrote. “Requiring the Plaintiffs to provide the requested information is a rational means of meeting that goal.”
Of the two sections of the law in question, Johnston wrote that requiring providers to discuss abortion treatment options “mandates speech regardless of anything else; whereas, the latter requires actions when prompted by a patient.”
Following Johnston’s split ruling, the Alliance Defending Freedom (ADF), which represented the plaintiffs in the three-day bench trial in 2023, said pro-life pregnancy centers “must be free to continue their life-affirming work without fear of government punishment.”
“No one should be forced to express a message that violates their convictions,” said ADF Senior Counsel Kevin Theriot, who argued before the court in September 2023. “The court was right to protect pregnancy centers’ freedom to advocate that life is a human right. The government can’t compel medical professionals to choose between violating the law and violating the Hippocratic Oath to do no harm.”
The Thomas More Society, a non-profit that opposes abortion, said it is planning to appeal the split decision to the U.S. Court of Appeals for the 7th Circuit.
“Thomas More Society will keep fighting to protect our heroic pro-life ministries. Forcing pro-life doctors and pregnancy centers to facilitate abortion unconstitutionally burdens their faith and conscience,” Peter Breen, the group’s vice president and head of litigation, said in a statement, adding that the “fight is far from over.”
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