WASHINGTON—Becket, a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions, filed a friend-of-the-court brief Dec. 16 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 are 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.
Becket’s brief on behalf of the Catholic bishops of Illinois, the Illinois Catholic Health Association, the Orthodox Church in America, and the Serbian Orthodox Diocese of New Gračanica-Midwestern America explains that Illinois’ mandate strikes at the heart of America’s long tradition of giving religious speech special protection.
All bishops in Illinois made statements regarding this mandate, including Bishop David Malloy who said, “Religious freedom protects the ability of believers to live according to their faith. Illinois’ mandate crosses that line by telling Catholic doctors and ministries to advocate for and facilitate abortion. We’re asking the court to end that effort and reaffirm the protections that allow us to live as the Gospel calls us to.”
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,” according to Becket, “Illinois’ law demands that they speak a message that contradicts their faith and the very purpose of their ministry.
“Forcing people of faith to be mouthpieces for the state’s approved messaging on abortion is nothing short of Orwellian. Illinois has no right to strong-arm pro-life doctors and ministries into promoting something they believe is morally abhorrent. We’re confident the court will put an end to this mandate,” said Eric Rassbach, vice president and senior counsel at Becket.
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 and minority religious groups whose beliefs can be easily misunderstood when the state pressures them to echo a message contrary to their faith.
Oral argument in the case is expected in early 2026.
