A federal law known as the Church Amendment declares
that courts, public officials or any public authority cannot require
health providers to participate in abortion and sterilization procedures
if "performance or assistance in the performance of such procedure or
abortion would be contrary to his religious beliefs or moral
convictions."
It also says providers cannot be compelled to make their
facilities or faculty available for the same procedures.
In July, pro-abortion Republican governor Bruce Rauner signed
Senate Bill 1564 (SB1564) into law. While it does not force healthcare
workers to directly participate in abortions or sterilizations, it
requires that they "refer the patient to ... the health care service the health care facility, physician, or health personnel refuses to permit, perform, or participate in because of a conscience-based objection."
While
Rauner and state lawmakers believe the law to be a good compromise,
some healthcare providers — especially pregnancy centers — disagree.
The National Institute of Family and Life Advocates,
Tri-County Crisis Pregnancy Center, The Life Center Inc., Mosaic
Pregnancy & Health Centers and Dr. Tina Gingrich of the Maryville
Women's Center filed a lawsuit September 30 in federal court against
Gov. Rauner. The groups' attorney commented, "The government shouldn't be putting messages in people's mouths."
He continued, "It's quite easy to find that [abortion]
information. Go ahead and Google it. We don't have to violate others'
conscience in order to make that happen."
The Alliance Defending Freedom (ADF) senior counsel Matt Bowman commented
in August when the law was passed, "The governor should have vetoed
this bill for many reasons, including its incompatibility with Illinois
law and the state constitution, which specifically protects freedom of
conscience and free speech."
He continued, "What's even worse is that Illinois did this
by amending a law designed specifically to protect freedom of
conscience."
It was reported earlier that pro-life organizations
in California are facing similar issues. Assembly Bill 775, also called
the Reproductive Freedom, Accountability, Comprehensive Care and
Transparency (FACT) Act, was passed in November 2015 and became law on
January 1.
It forces all pro-life centers in California to post a notice
announcing: "This facility is not licensed as a medical facility by the
State of California and has no licensed medical provider who provides
or directly supervises the provision of services."
They must also post disclaimers in two "clear and conspicuous" places notifying clients that:
California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion, for eligible women. To determine whether you qualify, contact the county social services office at (telephone number).
So far, however, Californians are not compelled to actually provide a list of abortionists to whom to send clients.