Illinois Pro-Life Centers Score Major Victory in Court Battle

Pro-life pregnancy centers in Illinois can continue their life-affirming work after the state's attorney general agreed to a permanent injunction that would permanently block a law enacted to restrict the speech of pro-life pregnancy centers.

In July, Attorney General Kwame Raoul signed SB1909—known as the Deceptive Practices of Limited Services Pregnancy Centers Act—into law.

The law barred crisis pregnancy centers from using so-called "misinformation, deceptive practices, or misrepresentation in order to interfere with access to abortion services or emergency contraception." Opponents of the law contend it specifically targeted pro-life clinics, attempting to impugn their behavior and stifle their efforts to help women make an informed decision.

The law allowed the Illinois Attorney General to investigate complaints against centers and prosecute them if they were accused of "consumer fraud."

"Women need access to comprehensive, fact-based healthcare when making critical decisions about their own health—not manipulation or misinformation from politically motivated, non-medical actors," said Governor J.B. Pritzker at that time. "By empowering the Attorney General's office to battle deceptive practices, we're ensuring Illinoisans can make their own decisions about their bodies using accurate and safe information."

In July, the Thomas More Society, a national public interest law firm, sued Raoul over the law. The group represented the pregnancy center umbrella group National Institute of Family and Life Advocates (NIFLA), along with Illinois pregnancy centers Women's Help Services and Relevant Pregnancy Options Center, and sidewalk counseling organizations Pro-Life Action League and Rockford Family Initiative. 

The lawsuit alleged SB1909 violated pregnancy centers' right to free speech and argued it directly attacked pregnancy help centers solely for their pro-life position. 

"This law is a blatant attempt to chill and silence protected pro-life speech under the guise of 'consumer protection,' while wholly exempting abortion facilities from the same restrictions,'" said Peter Breen, Thomas More Society Executive Vice President and Head of Litigation. "It is difficult to conceive of a more discriminatory law or one that so flagrantly violates the First Amendment."

In August, a federal judge ordered a preliminary injunction against Illinois saying the law violated the First Amendment.

"Justice Scalia once said that he wished all federal judges were given a stamp that read 'stupid but constitutional,'" Judge Iain Johnston wrote in a 14-page order. "SB 1909 is both stupid and very likely unconstitutional. It is stupid because its own supporter admitted it was unneeded and was unsupported by evidence when challenged."  

"Across the nation, pregnancy help ministries are being discriminated against by laws that target their life-affirming work," said Breen, who argued for the injunction in court in August. "The injunction granted today sends a strong, clear message to the country that the First Amendment protects pro-life speech."

Earlier this week, Raoul agreed to an order regarding a permanent injunction that bars them from enforcing SB 1909.

"We are elated that a permanent injunction has been issued against Illinois Attorney General Kwame Raoul and SB 1909, which ensures the unconstitutional law will never go into effect," said NIFLA president Thomas Glessner. "This is a huge win not only for NIFLA and our wonderful attorneys at the Thomas More Society but especially for pregnancy centers in the state, who serve thousands of women in Illinois who are facing unplanned pregnancies - all at no cost."

Breen added that he hopes the ruling serves as a warning to other states seeking to shut down pro-life pregnancy centers. 

"SB 1909 exempts abortion facilities and their speech, while exclusively regulating pro-life organizations and their speech, in flagrant violation of the First Amendment. This law is just one of a number of illegal new laws enacted across the country that restrict pro-life speech—we hope this permanent injunction, with full attorney's fees, serves as a warning to other states that would seek to follow Illinois and try to silence pro-life viewpoints, he said. 

"We are honored to represent NIFLA and other life-affirming organizations to protect them from unjust laws like SB 1909 that seek to put a halt to their good work," Breen added. 

SB 1909 was enacted by the state to expand abortion rights after the Supreme Court overturned Roe v. Wade in June of 2022. 

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