Victory for Pregnancy Centers

Jun 26, 2018

The U.S. Supreme Court ruled 5-4 that crisis pregnancy centers cannot be forced to promote abortions. The opinion was authored by Justice Thomas in favor of National Institute of Family and Life Advocates (NIFLA) v. Becerra, one of four cases brought by crisis pregnancy centers which challenged a California law as a violation of the First Amendment. Justice Kennedy filed a concurring opinion joined by Roberts, Alito and Gorsuch.

Liberty Counsel's case, Mountain Right to Life v. Becerra, is one of four cases before the Supreme Court involving the same law. Liberty Counsel represents three pro-life crisis pregnancy centers in Southern California, all of which offer women pregnancy resources, counseling, advice, and alternatives to abortion.

The Supreme Court reviewed the California Reproductive FACT Act, which compels pro-life crisis pregnancy centers to post notices in their physical clinics, printed material, and online regarding the availability of free and low-cost abortions. The Court agreed that the disclosures required by the California Reproductive FACT Act violate the Free Speech Clause of the First Amendment. 

 
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All of the centers are faith-based and will not refer women for abortions. Under the California law, Pregnancy and Family Resource Center (San Bernardino), and all other licensed pregnancy counseling centers in the state, were required to post the following government-prescribed message in their facilities in 48-point font in up to 13 languages at the entrance, in the lobby, in print, online, and in any advertisement:

“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 [insert the telephone number].”

Even a billboard with only the words “Choose Life” and the name of the center would be required to post the large font government message in up to 13 languages. The government abortion message overwhelms the private message. Thankfully, this outrageous law was struck down.

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