Catholic & Orthodox Churches urge federal appeals court to protect life Cardinal Cupich leads charge against Illinois law forcing healthcare professionals to promote abortion

WASHINGTON – Becket filed a friend-of-the-court brief today urging a federal appeals court to stop Illinois from forcing pro-life healthcare professionals to promote and make referrals for abortion. In National Institute of Family and Life Advocates v. Treto, a group of pro-life pregnancy centers and doctors is challenging an Illinois law that requires any healthcare professional who declines to perform abortions for reasons of conscience to tell women about the “benefits” of abortion and refer women to abortion providers. Becket’s brief on behalf of the Catholic bishops of Illinois, the Illinois Catholic Health Association, the Orthodox Church in America, and the Serbian Orthodox Diocese of New Gračanica-Midwestern America explains that Illinois’mandate strikes at the heart of America’s long tradition of giving religious speech special protection. 

Illinois amended its Health Care Right of Conscience Act to require any healthcare professional who declines to perform abortions for reasons of conscience to do two things if they want to receive any conscience-based protections: tell women about the supposed “benefits” of abortion, and refer them to a list of abortion providers. Those who refuse to do so lose the legal protections that normally shield them from malpractice suits, discrimination claims, and enforcement action by the state licensing board. For pro-life pregnancy centers and many religious healthcare professionals, this mandate threatens to undermine their work. These ministries exist to offer life-affirming care rooted in the belief that every person is made in the image of God. But Illinois’ law demands that they speak a message that contradicts their faith and the very purpose of their ministry. 

A group of pro-life pregnancy centers and doctors challenged the law in federal court. Earlier this year, a federal district court blocked the “benefits-discussion” requirement but left the referral mandate in place, and both sides appealed. Becket is asking thecourt to recognize that, in the Anglo-American legal tradition, freedom of speech began as freedom of religious speech. For that reason, governments have never been allowed to force religious groups to voice messages they do not believe. This freedom is essential for the Catholic Church in Illinois, whose ministries would be pushed to speak in ways that violate their belief in the dignity of all human life. It’s also vital for Orthodox churches, minority religious groups whose beliefs can be easily misunderstood when the state pressures them to echo a message contrary to their faith.

Statements for media use: 

Cardinal Blase J. Cupich, Archbishop of Chicago: 

“As Christmas draws near, we remember that God chose to enter our world as a vulnerable child. This profound mystery reveals that every life deserves protection and care, no matter how fragile or dependent. The Church in Illinois is standing up for that eternal truth against Illinois’ effort to deny it.” 

Bishop Ronald A. Hicks, Diocese of Joliet: 

“The Church has always taught that human dignity extends to all people, from the smallest unborn children to the frailest elderly. Illinois should not force Catholics to violate that belief. We trust the court to uphold our freedom to live and serve according to our faith.” 

Very Reverend Godfrey Mullen, OSB, Diocesan Administrator, Diocese of Belleville:

“Across Illinois, Catholic ministries offer life-affirming care to mothers, children, and families in need. A law that requires those ministries to promote abortion strikes at the heart of that service. The court should block Illinois’ attempt to cripple the Church’s pro-life mission.” 

Bishop Louis Tylka, Diocese of Peoria: 

“When the government tries to denigrate the dignity of human life, it is our duty as Catholics to push back. That is why we are asking the court to block Illinois’ law. No healthcare professional should be punished for refusing to push women towards abortion.”

Bishop Thomas John Paprocki, Diocese of Springfield:

“Catholics must be free to live according to the 2,000-year-old teachings of our faith without government intrusion. Illinois’ mandate threatens that freedom by forcing Catholic ministries and healthcare professionals to promote a practice we believe is gravely wrong. We pray the court will put a swift stop to it.”

Bishop David J. Malloy, Diocese of Rockford: 

“Religious freedom protects the ability of believers to live according to their faith. Illinois’ mandate crosses that line by telling Catholic doctors and ministries to advocate for and facilitate abortion. We’re asking the court to end that effort and reaffirm the protections that allow us to live as the Gospel calls us to.”

Eric Rassbach, senior counsel at Becket and lead attorney for the Catholic and Orthodox churches:

“Forcing people of faith to be mouthpieces for the state’s approved messaging on abortion is nothing short of Orwellian. Illinois has no right to strong-arm pro-life doctors and ministries into promoting something they believe is morally abhorrent. We’reconfident the court will put an end to this mandate.”

Oral argument in the case is expected in early 2026.