ADF lawyers said the state unconstitutionally punished the centers for not referring for abortion and levying $10,000 fines for advertising their life-saving services.
BURLINGTON, Vermont (Alliance Defending Freedom) — As a result of a lawsuit brought by Alliance Defending Freedom attorneys on behalf of Vermont pregnancy centers, the state of Vermont has amended a law to no longer openly discriminate against the centers over their life-affirming service to their communities.
The National Institute of Family and Life Advocates, Aspire Now, and Branches Pregnancy Resource Center sued state officials in July 2023 for unconstitutionally restricting the centers’ speech and provision of services.
“Women who become unexpectedly pregnant should know they have life-affirming options available to them, from emotional support to practical resources, which is exactly what our clients offer,” said ADF Legal Counsel Julia Payne Koon, adding:
We’re pleased that Vermont recognized it needed to amend its discriminatory law that unlawfully targeted faith-based pregnancy centers and restricted their ability to speak and act according to their conscience. Pregnancy centers must be free to serve and empower women and their families by offering the support they need without fear of unjust government punishment.
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“The state of Vermont has backed away from attacking the work of pro-life pregnancy centers,” said NIFLA Vice President of Legal Affairs Anne O’Connor. “Pregnancy centers are no longer under direct threat from the law and pro-abortion lobby in Vermont. For this, NIFLA celebrates; however, if in the future the state again decides to unconstitutionally pursue the work of pro-life pregnancy centers, NIFLA stands ready to take Vermont back to court and seek appropriate relief.”
Two years ago, Vermont Gov. Phil Scott signed SB 37 into law, impeding the ability of pro-life pregnancy centers to continue providing help and support to the state’s women and families. The law censored the centers’ ability to advertise their services and to counsel women against abortion.
The law specifically targeted pro-life pregnancy centers as “limited services” providers because they do not refer for or perform abortions. Under the law, pregnancy centers could be fined up to $10,000 for advertising their services in a way that Vermont’s pro-abortion attorney general believes is misleading.
The law applied only to pro-life pregnancy centers; an abortion facility that provides identical information would not be subject to the law. Now, the state has amended the language of the law to eliminate its targeting of pregnancy centers and restriction of their provision of medical services.
In light of the changed law, ADF attorneys filed a stipulated dismissal of the case, National Institute of Family and Life Advocates v. Clark last month.
Reprinted with permission from the Alliance Defending Freedom.
