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Vermont backs off of law targeting pro-life centers after lawsuit

Under pressure from a lawsuit challenging a 2023 law restricting life-affirming pregnancy centers, Vermont Gov. Phil Scott signed a bill repealing those restrictions, allowing the centers to continue providing medical services, including abortion pill reversal.

Vermont — one of the most pro-abortion states in the country — has no laws restricting abortion. But the 2023 law created a category of “limited-services pregnancy centers,” defined as such because they do not provide or refer clients for abortions.

The state threatened the centers with fines up to $10,000 for advertising in a “misleading” way, though the law did not specify what the state meant by the word “misleading.” 

These clinics could be fined for advertising their existence and for bringing awareness to chemical abortion reversals. 

The law alleged that some clinics falsely advertised that they offered abortion or abortion counseling when they did not. It also prohibited any advertisements that the state considered to be “untrue or clearly designed to mislead the public about the nature of services provided,” including chemical abortion pill reversal. 

Many life-affirming clinics promote chemical abortion reversal, in which the naturally occurring hormone progesterone can be taken to reverse the effects of the first abortion drug mifepristone. 

In July 2023 the National Institute of Family and Life Advocates (NIFLA) and other pregnancy resource centers sued state officials for restricting the centers’ freedom of speech and provision of services. 

“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.” 

While O’Connor “celebrates” the change, she added that the group “stands ready” to defend pro-life pregnancy centers “if in the future the state again decides to unconstitutionally” restrict their work.

State officials have targeted life-affirming pregnancy centers across the country, including in California and New York, for advertising abortion pill reversal.  

Alliance Defending Freedom (ADF) — the legal nonprofit defending the life-affirming pregnancy centers — announced the dismissal of the case in a press release last week. 

ADF Legal Counsel Julia Payne Koon applauded the change to the “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,” Payne Koon said. 

“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,” she said.

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