Judge rules Illinois ‘conscience act’ can’t require abortion speech

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The first part, which was ruled unconstitutional, required clinicians to inform patients about treatment options and risks and benefits, which Johnston ruled "mandates speech regardless of anything else."

The part of the act Johnston deemed constitutional regulates professional conduct, instructing clinicians to refer or transfer a patient to another physician upon request. That sub-section "requires actions when prompted by a patient."

Conservative religious-rights law firm Thomas More Society represented Schroeder and two pro-life crisis pregnancy centers, opposing both sub-sections.

“Constitutionally," Johnston wrote, "to obtain the liability shield, the State can’t require medical professionals to discuss with patients what the State believes are the benefits of abortions.”

Johnston also noted attorneys for Illinois did not provide any evidence to support their claim that without the HCRCA provisions, “the health of women was in grave peril.”

The Illinois Attorney General’s office did not respond for a request for comment before Crain’s deadline.

“This law targets pro-life physicians and pregnancy centers, which do not refer for abortion, and whose pro-life mission is to advise clients of abortion alternatives such as parenting and adoption," Thomas Olp, Thomas More Society’s executive vice president said in a statement. "But the law forces center personnel to discuss supposed ‘benefits’ of abortion with clients and, upon request, to refer them to an abortion provider or give information about such providers. This law only targets those who, like our clients, conscientiously oppose discussing so-called benefits of abortion and referring for abortion and leaves non-conscientious objectors unregulated."

This is not Judge Johnston’s first ruling against an Illinois abortion-issue law.

In August 2023, Johnston issued a preliminary injunction against a law aimed at deterring deceptive practices by crisis pregnancy centers, calling the law "both stupid and very likely unconstitutional."

In December 2023, an agreement was hammered out between Illinois Attorney General Kwame Raoul and anti-abortion advocates who challenged the law stating Illinois officials would not enforce the crisis pregnancy center law.

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April 7, 2025 at 05:58PM

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