However, in its split decision, the Court upheld a separate amendment to the HCRCA, which had gutted conscience protections for pro-life physicians and pregnancy centers and required them to refer for abortion. In challenging both provisions of Illinois' HCRCA, Thomas More Society attorneys represented Illinois physician Dr. Ronald Schroeder, 1st Way Pregnancy Support Services, and Pregnancy Aid South Suburbs.

In striking down the HCRCA's mandate that pro-life physicians and pregnancy centers share the "benefits of abortion," Judge Johnston wrote, "Constitutionally, to obtain the liability shield, the State can't require medical professionals to discuss with patients what the State believes are the benefits of abortions." In considering the HCRCA's abortion referral mandate, the Court recognized that pro-life physicians and pregnancy centers "are required to effectively endorse a course of conduct they find morally abhorrent," but upheld that provision of the HCRCA over objections brought on free speech and free exercise grounds.

Judge Johnston additionally noted that, despite the State's assertions that "the health of women was in grave peril," absent the challenged HCRCA amendments, "no evidence has been presented to this Court that supports that concern."

In 2016, Illinois passed Senate Bill 1564, amending Illinois' HCRCA to require healthcare providers to discussing abortion's "benefits" and, upon request, referring clients to abortion providers, in order to receive legal protection for conscientious objection. The law was signed into law by then-Governor Bruce Rauner despite pushback from pro-life groups. Thomas More Society sued against both mandates, on behalf of Dr. Ronald Schroeder, 1st Way Pregnancy Support Services, and Pregnancy Aid South Suburbs. In 2017, a federal judge issued a preliminary injunction, temporarily blocking both amendments to the HCRCA—legal protection that had been in place for nearly a decade prior to final judgement.

The April 4 decision in the case, which was consolidated with a parallel lawsuit, National Institute for Family and Life Advocates v. Treto, Jr., follows a three-day bench trial before the Hon. Iain D. Johnston in September 2023.

Thomas Olp, Thomas More Society Executive Vice President, reacted: "We welcome the court's ruling striking down Illinois' attempts to force our pro-life physicians and pregnancy centers to parrot pro-abortion talking points, in violation of their First Amendment rights—a victory we've fought for since this case began nearly a decade ago. But we are greatly concerned that the court did not fully protect conscience rights, leaving our clients forced to compromise their deepest beliefs. We look forward to continuing this fight against the State of Illinois in the Seventh Circuit."

Peter Breen, Thomas More Society Executive Vice President and Head of Litigation, stated: "Thomas  More Society will keep fighting to protect our heroic pro-life ministries. Forcing pro-life doctors and pregnancy centers to facilitate abortion unconstitutionally burdens their faith and conscience. We will keep fighting Illinois' abortion referral mandate and appeal to the Seventh Circuit, to ensure our pro-life clients can continue serving women and children, in accord with their faith and without penalty. This fight is far from over."

Judy Cocks, Executive Director of 1st Way Life Center and Plaintiff in Schroeder v. Treto, Jr., added: "We're relieved that the court has permanently protected our pro-life pregnancy centers from Illinois' attempt to force us into becoming mouthpieces for the abortion industry. To share so-called ‘benefits of abortion' would go against the very foundation of our ministry and our First Amendment rights. I have yet to see what the so-called ‘benefits of abortion' are—what I see regularly at our centers, instead, is the pain and regret that comes with abortion. At the same time, we are deeply troubled that the court's decision upholds Illinois' abortion referral mandate. We cannot, in good conscience, recommend or refer for abortion. That's not who we are, and it hurts our hearts to even contemplate being mandated to do so. We're grateful Thomas More Society is vowing to keep fighting against Illinois' abortion referral mandate. Our women deserve options rooted in love, not mandates that harm our communities and the women and children we serve." Subscribe for free to Breaking Christian News here

Read the Judgement Order and the Memorandum of Decision, issued April 4, 2025, in Schroeder, et al. v. Treto, Jr., by Judge Iain D. Johnston of the US District Court for the Northern District of Illinois – Western Division, here.

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