It’s just like California to attempt to impose unfair restrictions and impose unconstitutional requirements on agencies that fall outside of the majority of the state’s liberal worldview.
In an attempt to bully those who value the life of the preborn, the state passed the Reproductive Freedom, Accountability, Comprehensive Care and Transparency Act, or FACT Act. The purpose of the act was to force pro-life pregnancy centers to act against not only their beliefs, but their stated purpose, by providing information to their clients on where to obtain abortions and low-cost contraception.
It was the equivalent of requiring vegan restaurants to post directions to the best steakhouse in the area.
In a ruling on Tuesday, the Supreme Court of the United States pretty much laid the smack down on that bit of governmental overreach.
The 5-4 ruling, determined that the FACT Act violated the First Amendment protections of licensed facilities, and for those unlicensed facilities, burdened protected speech.
“No one should be forced by the government to express a message that violates their convictions, especially on deeply divisive subjects such as abortion,” said Alliance Defending Freedom President, CEO, and General Counsel Michael Farris, who argued on behalf of the National Institute of Family and Life Advocates before the Supreme Court in March.
“In this case, the government used its power to force pro-life pregnancy centers to provide free advertising for abortion. The Supreme Court said that the government can’t do that, and that it must respect pro-life beliefs.”
Indeed.
How likely is it that a Planned Parenthood facility would be willing to post a picture of a new mother cradling her newborn, with the words, “All life is precious” and ads for the nearest pro-life pregnancy center or adoption agency?
Not very likely, and somehow, these ghouls really do believe that murder of the preborn, while ending any chance at another option is the same thing as “choice.”
You have to wonder why it’s the pro-life, Christian points of view that are considered controversial and in need of being regulated into silence?
The five who voted in the majority on this decision were Justices Samuel Alito, Neil Gorsuch, Anthony Kennedy, John Roberts, and Clarence Thomas, who delivered the opinion of the court.
The usual suspects were in the minority: Justices Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, and Stephen Breyer, who filed the dissenting opinion.
The law applies to any facilities in California that provide family planning and pregnancy-related services, such as ultrasounds and pregnancy tests.
Unlicensed facilities, meanwhile, are required to post disclaimers on site and in print and digital ads that they are not a licensed medical provider. Those disclaimers must be posted both in English and in the county’s primary languages.
California argues it is allowed under the First Amendment to regulate the practice-related speech of licensed professionals and that the law is needed to ensure women aren’t being misled about the type of care provided.
They’re called “pregnancy centers,” not “end pregnancy centers.” How often is it that a pregnant woman wanders into one of these facilities looking for an abortion? It would seem California either underestimates the intellect of their women, or they’re being disingenuous.
California Attorney General Xavier Becerra said of the ruling:
“When it comes to making their health decisions, all California women – regardless of their economic background or zip code – deserve access to critical and non-biased information to make their own informed decisions,” he said in a statement.
Awesome, so maybe put those ads for the pro-life centers up in all your Planned Parenthood facilities and give some desperate women a little glimmer of hope.
I won’t hold my breath.