Along with the Illinois Catholic Health Association, the Orthodox Church in America, and the Serbian Orthodox Diocese of New Gračanica-Midwestern America the Catholic Conference of Illinois filed an Amicus Brief explaining that Illinois’ mandate requiring referrals as well as pointing out the benefits of abortion strikes at the heart of America’s long tradition of giving religious speech special protection.
Becket filed a friend-of-the-court brief today urging a federal appeals court to stop Illinois from forcing pro-life healthcare professionals to promote and make referrals for abortion. In National Institute of Family and Life Advocates v. Treto, a group of pro-life pregnancy centers and doctors is challenging an Illinois law that requires any healthcare professional who declines to perform abortions for reasons of conscience to tell women about the “benefits” of abortion and refer women to abortion providers.
Illinois amended its Health Care Right of Conscience Act to require any healthcare professional who declines to perform abortions for reasons of conscience to do two things if they want to receive any conscience-based protections: tell women about the supposed “benefits” of abortion and refer them to a list of abortion providers. Those who refuse to do so lose the legal protections that normally shield them from malpractice suits, discrimination claims, and enforcement action by the state licensing board. For pro-life pregnancy centers and many religious healthcare professionals, this mandate threatens to undermine their work. These ministries exist to offer life-affirming care rooted in the belief that every person is made in the image of God. But Illinois’ law demands that they speak a message that contradicts their faith and the very purpose of their ministry.
A group of pro-life pregnancy centers and doctors challenged the law in federal court. Earlier this year, a federal district court blocked the “benefits-discussion” requirement but left the referral mandate in place, and both sides appealed. Becket is asking the court to recognize that, in the Anglo-American legal tradition, freedom of speech began as freedom of religious speech. For that reason, governments have never been allowed to force religious groups to voice messages they do not believe. This freedom is essential for the Catholic Church in Illinois, whose ministries would be pushed to speak in ways that violate their belief in the dignity of all human life. It’s also vital for Orthodox churches, minority religious groups whose beliefs can be easily misunderstood when the state pressures them to echo a message contrary to their faith.