New law targets all health care provider advertising, not just PRCs

By Guy Page

The Alliance Defending Freedom has filed for dismissal of its 2023 lawsuit against the State of Vermont after the 2025 Legislature amended a law targeting pregnancy resource centers’ free speech rights.

A 2023 law gave the Attorney General the power to fine pro-life pregnancy resource centers if, in his/her opinion, it provides false or misleading information about abortion services. Partly in response to the lawsuit, the Legislature passed S.28, which does not limit the attorney general’s power but does extend it to fining all health care providers (not PRCs only) for the same alleged infraction. 

“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. 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.”

Vermont Right to LIfe Executive Director Mary Beerworth offered a cautionary comment about the passage of S.28.

“Policy analyst for Vermont Right to Life, Sharon F. Toborg, testified to both House and Senate Committees that the bill (S.37 Act 15) targeting the Vermont Pregnancy Resources Centers(PRCs) would face a constitutional challenge, but her testimony was ignored. 

“Today, Toborg was proven correct and the move to rewrite the language and concede is a victory for the PRC’s. For now. 

“While proponents of shutting down the PRC’s agreed to rewrite the law directly targeting the PRC’s, the same committees of the House and Senate simply rewrote portions of the law by broadening and expanding the targets to include organizations and individuals who engage in speech around health care. 

“Engaging in what the Attorney General, Charity Clark, determines is “misleading” speech and will also involve the imposition fines and penalties. Vermont Right to Life testified that the new language is constitutionally concerning and witness Sharon F. Toborg was rudely interrupted and again ignored. 

“Maybe one day soon, the pro-abortion majority in the State House will learn that prioritizing Planned Parenthood and their abortion agenda does not make for good law.”