New abortion laws in Illinois could cause problems for churches and congregations • Biblical Recorder

SPRINGFIELD, Ill. (BP) — The Illinois General Assembly keeps finding new ways to enshrine abortion in law. Last month, Gov. JB Pritzker signed a bill requiring insurance companies to fully cover abortions and another making abortion a protected human rights issue. The actions came just before the Democratic National Convention in Chicago, where the party emphasized its commitment to “reproductive rights” and a mobile Planned Parenthood unit performed vasectomies and offered abortion services nearby.

The Birth Equity Act requires both private and Medicaid insurance plans in the state to cover the cost of abortions without requiring copayments or deductibles. Coverage also includes medication abortions. Meanwhile, the state's Human Rights Act was amended by House Bill 4867 to “prohibit discrimination based on reproductive health decisions,” according to a press release from the governor's office.

Since the U.S. Supreme Court's decision to overturn Roe v. Wade, Illinois's abortion rights lawmakers have been committed to abortion access. In calendar year 2023, nearly 91,000 abortions were reported in the state – a 60% increase from 2022.

“Forcing people or organizations to violate their religious beliefs is unconstitutional and has no place in our society,” said Greg Baylor, senior attorney for the Alliance Defending Freedom (ADF). “We are disappointed to see this dangerous law go into effect, as it clearly violates the First Amendment freedoms of pro-abortion employers.”

Kevin Carrothers is executive director of the state's Baptist Children's Home and Family Services (BCHFS), based in Carmi, Illinois, which also includes Angels' Cove Residential Maternity Home and GraceHaven Pregnancy Resource Clinic, both in Mt. Vernon, Illinois. Carrothers is also a former practicing attorney. He expressed disappointment that the bill contains “no religious exemptions.”

“This is certainly a whole new dynamic,” said Carrothers. “It affects all of us. It will affect the churches too.”

The bill's definition of reproductive health decisions includes “health care related to the continuation or termination of a pregnancy. …” Including the term “abortion” in the definition will force employers such as churches, crisis pregnancy centers, and religious schools to hire staff who do not support their pro-life views.

Carrothers pointed out the law's gray areas within the definition, as there is much disagreement even within the pro-life community. “No matter what the issue is, whether it's abortion, contraception or artificial reproductive technologies, there are different views on it,” he said.

Other reproductive health decisions mentioned in HB 4867 also include “birth control, fertility or sterilization care, post-miscarriage care, assisted reproductive technologies such as in vitro fertilization, and prenatal, intranatal, and postnatal care.”

Ultimately, Carrothers said, “You've lumped together a lot of things that may or may not be compatible with each other. Your definition of reproductive health may not be the same as my definition of reproductive health.”

ADF's Baylor explained, “Many organizations, including faith-based and mission-oriented institutions, maintain their unique character through their personnel selection. These employers advance their missions and communicate their messages by hiring and retaining people who wholeheartedly support and share the organization's mission and message.” He said, “HB 4867 destroys this fundamental freedom.”

Sensational abortion state

Illinois has become one of the states with the highest abortion rates in the country. Last week, Planned Parenthood Great Rivers (PPGR), which represents the St. Louis region and southern Illinois, sent a mobile abortion unit to Chicago for two days, stationing it just blocks from the United Center, where the Democratic National Convention was being held. PPGR reported that eight medication abortions and nine vasectomies were performed free of charge.

At the end of June, the neighboring state of Iowa passed a six-week abortion ban. Illinois' other neighboring states – Indiana, Kentucky, Missouri and Tennessee – also have strict abortion bans.

Since the Dobbs v. Jackson Women's Health Organization ruling — or as it's commonly called, the Dobbs decision — gave individual states the freedom to make their own abortion access laws, Pritzker and Democratic representatives in the General Assembly have been committed to making the state a safe haven for abortion. The latest statistics from the pro-abortion Guttmacher Institute bear this out.

Women from at least 16 states traveled to Illinois to have an abortion last year. The states with the highest number of women having abortions were Missouri (8,710), Tennessee (7,120), Indiana (5,420), Wisconsin (5,240), Mississippi (2,060), Arkansas (2,040), Kentucky (1,850) and Texas (1,570).

Illinois Attorney General Kwame Raoul welcomed the signing of the bill and praised the state as a “safe haven” for abortion and gender-affirming surgeries. “I will use the authority of my office to continue to defend against legal challenges to our laws that keep Illinois a haven for reproductive health care,” Raoul said.

Raoul lost a court case last year when a federal judge blocked a law that would have allowed him to fine pregnancy counseling centers up to $50,000 per incident if he deemed statements about abortion in a counseling situation to be misleading.

Unless HB 4867 is legally challenged, Carrothers wondered if the state would be quick to defend the rights of a pro-life organization after the law is passed. Carrothers said, “We should expect it to be applied in the same way. Will abortion clinics be forced to hire people with pro-life views?”

Since 2023, legislators in pro-choice states have introduced 248 abortion-related measures. Guttmacher classifies Illinois' abortion policies as “protective,” along with those of 10 other states.

HB 4867, signed on August 7, will take effect on January 1, 2025.

The Birth Equity Act, signed on June 29, is an amended version of House Bill 5142. It also requires insurance companies to cover services such as doulas, lactation consultants and midwives. The law takes effect on January 1, 2026, with the exception of Medicare and doula benefits, which are set to begin on January 1, 2025.

ADF is a church partner of the Illinois Baptist State Association.

(EDITOR’S NOTE — Lisa Misner is communications director for the Illinois Baptist State Association. This story was provided by the Illinois Baptist newspaper.)