The appeal comes after a partial victory in U.S. District Court where Judge Iain D. Johnston struck a key provision of the Illinois Health Care Right of Conscience Act (HCRCA). The law sought to compel pro-life physicians and pregnancy centers to promote pro-abortion talking points with women in need.
However, the Court upheld a separate amendment to the HCRCA, which had gutted conscience protections for pro-life physicians and pregnancy centers and required them to refer for abortion.
"We were very happy that the portion of the law that requires pregnancy centers to talk about the risks and benefits of abortion was struck down by the court," says Thomas Olp, Thomas More Society senior executive vice president. "That's a very good thing. It is an example of compelled speech which our pro-life pregnancy centers were completely against and unwilling to do, so the court agreed that it constituted compelled speech, and he struck down that portion of the law."
The ruling declaring portions of the law unconstitutional comes eight years after a different federal judge had placed an injunction on the state, blocking Illinois from enforcing the law while the constitutional challenges to the measure played out in court.
The law was first passed in 2016 by the Democrats who have dominated the General Assembly then and since. It was signed into law by former Gov. Bruce Rauner, a Republican, over the strenuous objections of other Republicans and pro-life advocates, according to Cook County Record.
Thomas More Society was "disappointed that the court upheld the other portion of the law" which requires that pregnancy centers refer or transfer their patients or give information about providers of abortion if asked.
Good decision, bad decision equals appeal
"We felt that that was not acceptable and an erroneous decision by the judge, so we've decided to appeal it," says Olp.
Meanwhile, Olp is not ruling out Illinois trying to pass laws and imposing regulations that make life difficult for pro-life activists and organizations. Olp says Governor JB Pritzker (D-Illinois) wants Illinois to be the abortion capital of the Midwest.
"So, of course they're going to be continuing to pass laws that favor abortion and essentially punish the pro-life message," says Olp.
