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Pregnancy Centers Win Early Victory Against Illinois Abortion Law

The state of Illinois cannot, for now, force a group of clinics that refuse to perform abortions to direct patients to doctors who will do the procedure, a state judge has ruled.

By Lisa Schencker

The state of Illinois cannot, for now, force a group of clinics that refuse to perform abortions to direct patients to doctors who will do the procedure, a state judge has ruled.

Winnebago County Circuit Judge Eugene Doherty issued a preliminary injunction Tuesday in favor of a handful of clinics in Chicago and elsewhere, temporarily barring the state from requiring them to follow a law that takes effect Jan. 1.

It's the first court to weigh in on the law, signed by Gov. Bruce Rauner earlier this year, which requires physicians who don't want to perform abortions for moral reasons to help patients access abortion services elsewhere, if patients ask.

The Alliance Defending Freedom, a nonprofit legal organization, brought the case on behalf of the Pregnancy Care Center of Rockford; Dr. Anthony Caruso at A Bella Baby OBGYN in Downers Grove; and Aid For Women, which has pregnancy centers in Chicago, Cicero and Des Plaines.

Those groups "have raised a fair question as to whether their right to be free from government compelled speech is violated" by the new requirements, the judge wrote in his opinion and order.

The injunction bars the state from enforcing the law against those centers while the underlying case over the law's constitutionality and legality is ongoing. The state can enforce the law against other Illinois doctors and facilities not named in the suit.

Caruso said he's been fighting the new requirements since before they became law and is encouraged by the decision. He said the rules pose a serious problem for doctors such as himself who have faith-based concerns. Caruso is Catholic and in addition to his practice, he is also medical director at Aid for Women, another plaintiff in the suit, as well as the Women's Care Center of La Grange and Informed Choices Pregnancy and Parenting, which has locations in Grayslake and Crystal Lake.

Catherine Kelly, a spokeswoman for Rauner, said in an email Wednesday that though the administration does not comment on pending litigation, "Gov. Rauner has never pushed a social agenda and remains focused on passing a balanced budget with reforms to create jobs, lower property taxes, improve schools and enact term limits."

The requirements are critical to patients' health, the state has argued in court documents.

"If providers send patients away without all of the relevant information about their condition, patients may not know that they should seek additional information from another provider," lawyers for the state wrote. "Patients generally believe that their doctors are telling them everything, and therefore may not know that they should ask about additional treatment options."

For example, a woman with a life-threatening ectopic pregnancy might not know she should end the pregnancy to save her own life, according to the state. Or a teen girl who is raped might not know she can take emergency contraception, the state said in a court filing.

But the clinics argued in court that the requirements are a burden on the religious exercise of pro-life facilities and their workers. They also argued that information about where to get abortions is "easily available elsewhere."

"It tells pro-life doctors that they have to give women information about how to kill the child in the womb, and that's a fundamental violation of their commitment to the Hippocratic Oath and to their other patients who want to see a doctor who's unconditionally in favor of life," said Matt Bowman, senior counsel with the Alliance Defending Freedom, and lead attorney on the case.

Illinois' law allowing clinics to refuse to perform abortions is one of the broadest laws of its kind in the country, said Gretchen Borchelt, vice president for reproductive rights and health at the Washington, D.C.-based National Women's Law Center. Because of that, no other states have a similar law requiring those clinics to direct patients to another doctor.

"It's fair to characterize Illinois and this circumstance as unique," she said.

The Alliance Defending Freedom has filed a separate lawsuit over the new requirements in federal court. The plaintiffs in that lawsuit include several Illinois pregnancy centers and the National Institute of Family and Life Advocates, an organization of pro-life pregnancy centers with more than 50 members in Illinois. No decisions have yet been reached in that case.

Ally Marotti contributed.

(c)2016 the Chicago Tribune

Caroline Cournoyer is GOVERNING's senior web editor.
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