Groups look to next steps after judge blocks Illinois' pregnancy center law

[August 09, 2023]  By Andrew Hensel | The Center Square

(The Center Square) – A federal judge's decision to block an Illinois law that allows the state's attorney general to shut down any center he deems deceptive has elicited explicit responses from both sides of the abortion debate.

Senate Bill 1909, signed by the governor last month, will allow the Illinois Attorney General to shut down pregnancy resource centers in Illinois if they're found to conduct deceptive practices.

The Thomas Moore Society filed a lawsuit to block the law. The docket shows that Judge Iain Johnson denied the state's motion to delay a response and called the law "stupid." Friday, Johnson issued a hold on the law.

"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," Johnson said in his written decision to temporarily block the law while the case plays out. "It is likely unconstitutional because it is a blatant example of government taking the side of whose speech is sanctionable and whose speech is immunized, on the very same subject no less."

Ralph Rivera of Illinois Right to Life told The Center Square that he believes the law is unconstitutional and is pleased the court does too.

"This was unconstitutional, and what we saw with the federal judge was that he saw it that way as well," Rivera said. "Just on a preliminary basis, he said, look, I'm going to enjoin this now, and then we will move ahead with the court case, but they are not going to put this into effect because, in his opinion, it was blatantly a violation of the First Amendment."

Rivera said he's confident that the measure will not be restored.

"I think that we will see at the end of this, that this law will never take effect," Rivera said.

Those who support the law expressed their frustrations.

"We are frustrated that a federal judge has temporarily halted the new law which holds organizations like limited crisis pregnancy centers accountable if they provide false or fraudulent information to patients seeking sexual and reproductive health care," said Jennifer Welch, president and CEO of Planned Parenthood of Illinois.

Welch said the law is needed due to the years of abuse she said has been inflicted on their patients.

"For decades, crisis pregnancy centers have targeted our patients using deceptive and false practices," Welch said. "Often crisis pregnancy centers provide misleading and medically inaccurate information, sometimes deliberately misdiagnosing patients or misdating their pregnancies so people think they have more time to decide about abortion or that they are past the time when they can have an abortion."

The next round of court filings is due by Aug. 17.