Illinois Attorney General Agrees to Permanent Injunction Blocking Blatantly Discriminatory Law
(December 11, 2023 – Chicago) Illinois Attorney General Kwame Raoul has agreed to an order permanently prohibiting the State of Illinois from enforcing a law that declared pro-life speech to be a “deceptive business practice” and defined as “consumer fraud” the sharing of certain information about the risks of abortion. Thomas More Society attorneys today filed, together with the Attorney General, a Joint Motion to Enter an Agreed Order, imposing a Permanent Injunction on the Attorney General. The Joint Motion was filed in the United States District Court for the Northern District of Illinois, for the signature of U.S. District Judge Iain D. Johnston.
In July,
Thomas More Society attorneys sued the Attorney General over the law—known as
Senate Bill 1909, or SB 1909—representing the pregnancy center umbrella
group National Institute of Family and Life Advocates (NIFLA), along with Illinois pregnancy
centers Women’s Help Services and Relevant Pregnancy Options Center, and
sidewalk counseling organizations Pro-Life Action League and Rockford Family
Initiative. The
Agreed Order provides for a full recovery of attorney’s fees by Thomas More
Society.
Peter
Breen, Thomas More Society Executive Vice President & Head of Litigation,
who served as lead counsel for NIFLA and the other plaintiffs, hailed the
victory as a significant win for pro-life ministries and free speech in
Illinois—which will also serve as a warning to other states across the country
that attempt to target pro-life ministries with discriminatory laws.
“The
federal court was spot on in holding that SB 1909 is ‘both stupid and very
likely unconstitutional,’” stated Breen, recalling Johnston’s preliminary
injunction order. “SB 1909 exempts abortion facilities and their speech, while
exclusively regulating pro-life organizations and their speech, in flagrant
violation of the First Amendment. This law is just one of a number of illegal
new laws enacted across the country that restrict pro-life speech—we hope this
permanent injunction, with full attorney’s fees, serves as a warning to other
states that would seek to follow Illinois and try to silence pro-life
viewpoints. We are honored to represent NIFLA and other life-affirming
organizations to protect them from unjust laws like SB 1909 that seek to put a
halt to their good work.”
Thomas
Glessner, Founder and President of NIFLA, stated: “We are elated that a
permanent injunction has been issued against Illinois Attorney General Kwame
Raoul and SB 1909, which ensures this unconstitutional law will never go into
effect. This is a huge win not only for NIFLA and our wonderful attorneys at
the Thomas More Society but especially for pregnancy centers in the state, who
serve the thousands of women in Illinois who are facing unplanned
pregnancies—all at no cost. SB 1909 was an absolute weaponization of government
that unfairly and unconstitutionally targeted pregnancy centers simply because
they refused to refer for or perform abortions. Let this be a stern example of
what awaits those who attempting to pass and enforce similar laws—look to
Illinois and save taxpayer dollars for actually helping their communities
instead of going after organizations that help women and their families.”
The Joint
Motion follows an August 3, 2023, preliminary injunction entered by Johnston,
which blocked Illinois’ enforcement of SB 1909. That court order was issued one
week after Illinois enacted SB 1909. Thomas More Society attorneys filed the
lawsuit against SB 1909 one hour after the law was signed.
Read the
Joint Motion to Enter an Agreed Order filed December 11, 2023, with the United
States District Court for the Northern District of Illinois, in National
Institute of Family and Life Advocates et al. v. Raoul, here; Agreed
Order (as proposed): here.
Find
details and background on SB 1909 at Everything You
Need to Know About Illinois' New Anti-Pregnancy Help Center Law [https://www.thomasmoresociety.org/news/everything-you-need-to-know-about-illinois-new-anti-pregnancy-help-center-law].
About Thomas More Society
Thomas More
Society is a national not-for-profit law firm dedicated to restoring respect in
law for life, family, and freedom. Headquartered in Chicago and with offices
across the country, Thomas More Society fosters support for these causes by
providing high quality pro bono legal services from local trial courts all the
way up to the United States Supreme Court. For more information, please visit thomasmoresociety.org.
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