The National Institute for Family and Life Advocates (NIFLA), in conjunction with two Vermont pregnancy centers and their attorneys at Alliance Defending Freedom (ADF), have filed a complaint against the state of Vermont “for the unconstitutional attack launched against pregnancy centers in the state” resulting from a law that “suppresses the free-speech rights of faith-based pregnancy centers,” ADF said in a press release.
ADF attorneys filed a federal lawsuit Tuesday that describes the case as “a challenge by pro-life pregnancy services centers and their membership organization to a state law that unconstitutionally restricts the centers’ speech and provision of services.”
“Pregnancy services centers in Vermont offer women both medical and non-medical information and services and do so free of charge,” the complaint states. “They empower women who are or may be pregnant to choose to give birth in circumstances where they wish to do so but feel they do not have the necessary resources or social support. They also provide support and resources for new mothers and families in need of assistance.”
In May, Vermont’s pro-abortion Republican Governor Phil Scott signed SB-37 into law, an “act relating to access to legally protected health care activity and regulation of health care providers.”
The act’s summary states:
This act adds definitions to statute for the terms “gender-affirming health care services,” “legally protected health care activity,” and “reproductive health care services;” … requires (in statute) that health insurance plans and Medicaid cover gender-affirming health care services and abortion-related services; prohibits a health care provider from being subject to professional disciplinary action for providing or assisting in the provision of legally protected health care activity and establishes new unprofessional conduct standards; establishes a new “unfair and deceptive act” regarding limited-services pregnancy centers to prohibit false and misleading advertising about service.
“Today, we reaffirm once again that Vermont stands on the side of privacy, personal autonomy and reproductive liberty, and that providers are free to practice without fear,” Scott said in a statement as he signed the bill into law.
“That law impedes the ability of pro-life pregnancy centers to continue providing help and support to Vermont women and families in two ways,” the plaintiffs, led by NIFLA, a religious nonprofit that provides pro-life pregnancy center members with legal resources and counsel, argue in the complaint. “First, it censors the centers’ ability to advertise their free services (Advertising Prohibition). Second, it precludes centers from offering non-medical services, information, and counseling unless provided by a licensed health care provider (Provider Restriction).”
“Women who become unexpectedly pregnant should be empowered with life-affirming options, emotional support, and practical resources,” said ADF Legal Counsel Julia Payne in a statement.
“Vermont’s law, however, does the opposite—it impedes women’s ability to receive critical services during a difficult time in their lives and suppresses the free-speech rights of faith-based pregnancy centers,” Payne added. “Pregnancy centers should be free to serve women and offer the support they need without fear of unjust government punishment.”
According to ADF, the Vermont law “specifically targets pro-life pregnancy centers as ‘limited services’ providers because they do not refer or perform abortions.”
The law authorizes the state attorney general to fine pro-life pregnancy centers up to $10,000 if its life-affirming messages are considered “misleading.”
“The law applies only to pro-life pregnancy centers—an abortion clinic that provides identical information would not be subject to the law,” ADF continued. “Also, the law does not define ‘misleading,’ so it is left up to the discretion of the attorney general.”
Additionally, ADF states the law blocks pregnancy centers from providing non-medical services, information, and counseling unless they are provided by a licensed healthcare provider.
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Susan Berry, PhD is national education editor at The Star News Network. Email tips to [email protected]
