Pro-life victory: Vermont amends anti-pregnancy center law

The state of Vermont has amended an anti-pregnancy center law that censored centers’ ability to advertise their services and counsel women against abortion.

KEY TAKEAWAYS: 

• In 2022, Vermont became the first state to enshrine abortion as a constitutional right.

• In 2023, Vermont Gov. Phil Scott signed SB 37 into law, which targeted pro-life pregnancy centers with the threat of fines of up to $10,000 if they did not advertise their services in a way approved by the state attorney general.

• Several pro-life organizations sued the state with the help of Alliance Defending Freedom attorneys.

• This week, Vermont amended the law, ending the discrimination against pregnancy centers.

THE DETAILS: 

According to a press release from Alliance Defending Freedom, Vermont has “backed away from attacking the work of pro-life pregnancy centers” following a 2023 lawsuit against the state brought by three pro-life organizations: the National Institute of Family and Life Advocates (NIFLA), Aspire Now, and Branches Pregnancy Resource Center. The lawsuit argued that the state was unconstitutionally restricting the speech and provision of services of pregnancy resource centers.

Vermont is an extremely pro-abortion state with no laws restricting abortion for any reason. In 2022, Vermont became the first state to make abortion a constitutional right with the passage of Proposal 5, the Reproductive Liberty Amendment to the Vermont Constitution. But that wasn’t enough.

In 2023, the state enacted SB 37, which targeted pregnancy resource centers, preventing the organizations from allegedly “misleading” the public about the services they provide. Quite simply, it claimed that because pregnancy centers don’t commit or refer for abortions, they can’t claim to help women who are pregnant. Under the law, pregnancy centers faced fines up to $10,000 for advertising their services in a way that Vermont’s pro-abortion attorney general found to be misleading. This law applied only to pro-life pregnancy centers, as abortion businesses that provide identical information would not be subject to the law, said ADF.

Thanks to the lawsuit, Vermont amended the language of the law to eliminate the direct targeting of pregnancy centers.

“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. “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.”

Jean Marie Davis, executive director of Branches Pregnancy Resource Center in Brattleboro, Vermont, previously shared her story as to why pregnancy centers don’t deserve to be the target of pro-abortion attacks and legislation. A victim of sex trafficking from ages two to 29, she “suffered serial abuse, rape, and even murder attempts by various pimps.” She became “heavily addicted to hard drugs…” It was an unexpected pregnancy and support from a pregnancy resource center that helped her break free from years of abuse.

“The pregnancy center provided me with free resources and support to take care of my son. I was also able to realize and pursue dreams I had never imagined, such as earning a college degree. I worked with families at the pregnancy center and secured a job at a local hospital,” she said. Now she is the executive director of a pregnancy center, helping women and families as she was helped.

“Our work powerfully shows that there is real help for men, women and children in need who are caught in impossible snares and feel there is no hope — whether it’s human trafficking, homelessness, abuse or abortion. Pregnancy centers like Branches exist to provide for them,” she said. “The hateful narratives that smear pro-life pregnancy centers would have some believe that I fell ‘victim’ to their work. On the contrary, because of their work, I was set free.”

After the law was altered, ADF attorneys filed a stipulated dismissal of the case on Thursday. NIFLA Vice President of Legal Affairs Anne O’Connor explained, “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.”

WHY IT MATTERS: 

Pro-abortion states across the country have been working to censor pro-life pregnancy resource centers because they don’t commit or refer for abortions. In 2018, the Supreme Court of the United States ruled in favor of pro-life pregnancy centers in NIFLA v. Becerra. The case centered around the state of California’s 2015 “Reproductive FACT Act,” which attempted to force pregnancy resource centers into promoting abortion through government-mandated messaging.

That ruling has not prevented additional attempts to silence and shut down pregnancy centers, as similar cases have played out in Connecticut, New York, and Massachusetts.

Payne Koon noted, “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.”