New Law is an Attack on Life and Fundamental Rights and Freedoms
By Bishop David J. Malloy
The very first amendment to the Constitution of the United States enshrines the right of the freedom of speech in our country. The Declaration of Independence affirms the recognition of the self-evident truth that all men and women are endowed by the Creator with certain inalienable rights including the Right to Life.
 
On June 24 last year, the Supreme Court of the United States issued its decision in the case of Dobbs vs. Jackson Women’s Health Organization. As part of that decision, the 1973 Supreme Court decision in Roe v. Wade was overturned, thus allowing states the freedom to regulate abortion and to protect the life of the child in the womb. Since that time extensive efforts have been made in some states to strengthen respect for the right to life of the pre-born child, and in other states to expand the availability of abortion services.
 
On July 27 of this year, Governor J.B. Pritzker signed into law for the State of Illinois, Senate Bill 1909 entitled, “The Deceptive Practices of Limited Services Pregnancy Centers Act.” That bill joined in the implementation of a strategy begun in some other states which targets and seeks to limit pro-life efforts to serve the needs of both expectant mothers and the children they are carrying in their womb. In such cases, pregnancy and maternal help centers that offer help and services to expectant mothers and their unborn children, but which do not offer abortion services or counseling for abortion, have become subject to intense and one-sided regulation.
 
In essence, pro-life pregnancy health centers and those who seek to assist expectant mothers on their behalf would face legal consequences for failing to articulate a positive view of abortion favored by the current authority of the state but which they themselves do not support. Likewise, such facilities and individuals would face consequences for articulating concerns and statistics about the reality and consequences of abortion which the state authorities do not approve of.
 
On Aug. 4, U.S. District Judge Iain Johnston of the U.S. District Court for the Northern District of Illinois, sitting in Rockford, issued a preliminary injunction halting the enforcement of this new law. In doing so he reasoned that, “The bill is painfully and blatantly a violation of the First Amendment.”
 
The Catholic Conference of Illinois, speaking for the Catholic bishops in our state, noted, “The language in the law prohibiting “unfair” or “deceptive practices” is so vague no worker in a pregnancy help center will know if they have violated the law. This is a chilling effect on free speech.”
 
The political and moral divisions in our society have resulted in politicization and uncertainty in our courts and judiciary. As a result, we can expect further challenges to this ruling and to the law itself.
 
But there is a clear and an evident reality to be seen in this question. It is that the lives and the very human dignity of the unborn are under grave and widespread attack. This is not new. Prior to the Dobbs decision, by some estimates 40,000 abortions have been performed in Illinois each year. That number is now increasing.
 
Even more, many of our politicians and our government are showing that they will not tolerate the free speech and the charitable action of those, including those motivated by religious convictions, who speak the truth to expectant mothers, who offer them assistance and love and who demonstrate the great goodness of loving human life at every stage, including prior to birth.
 
We must awaken our consciences not only to this attack on innocent human life, but also to this attack on our fundamental rights and freedoms. Science and reason tell us that the child in the womb is already a human person. Expectant mothers have a right to the truth and to every offer of help and assistance to carry their unborn child to term. We as citizens of Illinois and as people of faith and reason likewise have every right to counsel, assist and love those mothers and their children.