The state of Vermont has revised a controversial law that pro-life pregnancy centers argued unfairly targeted their operations and restricted their speech. The amendment comes as a result of a lawsuit filed in July 2023 by Alliance Defending Freedom (ADF) attorneys on behalf of the National Institute of Family and Life Advocates (NIFLA), Aspire Now, and Branches Pregnancy Resource Center.
The lawsuit challenged Vermont’s SB 37, signed into law two years ago by Governor Phil Scott. The pregnancy centers contended the law unconstitutionally restricted their ability to advertise their life-affirming services and counsel women, effectively discriminating against them for not providing or referring for abortions.
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Under the original wording of SB 37, faith-based pregnancy centers were labeled as “limited services” providers. They faced potential fines of up to $10,000 if the state’s attorney general deemed their advertising misleading. Critically, the centers argued, this provision applied specifically to pro-life facilities, while abortion providers offering similar information would not face such scrutiny.
“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,” said ADF Legal Counsel Julia Payne Koon. “We’re pleased that Vermont recognized it needed to amend its discriminatory law that unlawfully targeted faith-based pregnancy centers and restricted their ability to speak and act according to their conscience.”
The amended law has reportedly removed the language that specifically targeted these pregnancy centers and restricted their provision of services.
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Anne O’Connor, NIFLA Vice President of Legal Affairs, commented on the development: “The state of Vermont has backed away from attacking the work of pro-life pregnancy centers. Pregnancy centers are no longer under direct threat from the law and pro-abortion lobby in Vermont.” O’Connor added a note of caution, stating, “if in the future the state again decides to unconstitutionally pursue the work of pro-life pregnancy centers, NIFLA stands ready to take Vermont back to court and seek appropriate relief.”
In light of the legislative changes, ADF attorneys filed a stipulated dismissal of their case, National Institute of Family and Life Advocates v. Clark, on Thursday. The organizations involved see this as a significant step in ensuring their ability to continue offering services to women and families in Vermont without fear of unjust government punishment.
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