Trump admin cracks down on Illinois’ pro-abortion law

The Trump administration is cracking down on Illinois for coercing pro-life health care providers to support abortion.

The U.S. Department of Health and Human Services (HHS) has determined Illinois’ Health Care Right of Conscience Act (HCRCA) violates federal statutes and has threatened to withhold federal funds from the state.

HCRCA was passed in 2016 and contains limited protections for religious health care providers.

The law allows providers to conscientiously object to performing abortions – or similarly questionable procedures – but requires them to give the patient information or referrals about where the patient could receive one.

When HCRCA was enacted, the ACLU of Illinois argued patients “do not need to worry that they are being denied medical information based on their health care provider’s religious beliefs.”

However, the law faced major backlash from religious and pro-life groups, including federal complaints from Alliance Defending Freedom, the Thomas More Society and an individual physician.

In a letter sent to Illinois Gov. J.B. Pritzker on Jan. 21, HHS ruled that “HCRCA discriminates against conscientious objectors who are unwilling to participate personally in these abortion referral and arrangement activities.”

Federal laws “require that states like Illinois that receive certain federal funds not discriminate against physicians and other protected health care entities on those bases,” it continues.

HHS cites two relevant amendments – the Coats-Snowe Amendment of 1996 and the Weldon Amendment of 2005.

The Coats-Snowe Amendment prohibits any branch of local, state or federal government that receives federal funding from discriminating against health care providers who refuse to perform abortions or give referrals for abortions or abortion-related procedures.

The Weldon Amendment specifically reaffirms HHS funding cannot be sent to any agency or program that discriminates against medical providers on the basis of their refusal to perform, pay for or refer for abortions.

HHS has given the state 30 days to remedy the conflict or risk losing federal funding.

Peter Breen, executive vice president of the Thomas More Society, lambasted Illinois for “weaponizing [HCRCA] to punish pro-life medical professionals and pregnancy centers.”

“HHS has now confirmed that gutting precious conscience protections violates federal law,” Breen continued. “The financial consequences for the state could be significant if they continue to trample conscience rights.”