2023 law allows Attorney General to target pregnancy centers’ marketing and advertising
By Guy Page
Lawyers for two Vermont pregnancy centers will challenge in federal court today the 2023 law they say unconstitutionally restrict the centers’ speech and provision of services.
ADF attorneys filed the lawsuit, National Institute of Family and Life Advocates v. Clark, in the U.S. District Court for the District of Vermont. Clark refers to Vermont Attorney General Charity Clark, who under the law is empowered to pursue legal action against pregnancy centers deemed in violation.
The hearing at the Elmwood Avenue federal building begins at 1:30 PM.
Last May, Gov. Phil Scott signed S.37 into law, which the Alliance for Defending Freedom says “impedes the ability of pro-life pregnancy centers to continue providing help and support to Vermont women and families,” according to a May 15 statement.
The law censors the centers’ ability to advertise their services, the ADF says. It also precludes the ability of centers to offer even non-medical services, information, and counseling unless provided by a licensed health care provider. ADF attorneys filed a lawsuit on behalf of the pro-life pregnancy centers in July.
“Women who become unexpectedly pregnant should know they have life-affirming options available to them, from emotional support to practical resources,” said ADF Senior Counsel Kevin Theriot. “Vermont’s law, however, robs women of these options—it impedes women’s ability to receive critical services during a difficult time in their lives and suppresses the free-speech rights of faith-based pregnancy centers. Pregnancy centers should be free to serve women and offer the support they need without fear of unjust government punishment. We are urging the court to support the rights of these critical care services.”
NIFLA is a religious nonprofit that provides pro-life pregnancy center members with legal resources and counsel, with the aim of developing a network of life-affirming ministries in every community across the nation. NIFLA has six member facilities in Vermont, including Aspire Now in Williston and Branches Pregnancy Resource Center in Brattleboro, two faith-based pregnancy centers that have joined the lawsuit.
The Vermont law specifically targets pro-life pregnancy centers as “limited services” providers because they do not refer or perform abortions. Under the law, the state attorney general has the authority to fine pregnancy centers up to $10,000 if she believes its messages are misleading.
Supporters of S37 say the pregnancy centers mislead consumers by not saying they perform abortions. However, a review of websites for Vermont pregnancy centers specifically say they do not perform abortions.
The law applies only to pro-life pregnancy centers—an abortion clinic that provides identical information would not be subject to the law. Also, the law does not define “misleading,” so it is left up to the discretion of the attorney general.
Further, ADF says, Vermont’s law precludes the ability of centers to offer even non-medical services, information, and counseling unless provided by a licensed health care provider. This restriction harms pregnancy centers by preventing their non-medical staff and volunteers from providing clients with any information related to pregnancy and counseling clients about their options. It also prevents non-medical pregnancy centers, like Branches, from providing women with information or counseling about pregnancy without hiring medical staff.
Michael Tierney is serving as local counsel on behalf of NIFLA and the pregnancy care centers.
When interviewed on WVMT’s Morning Drive program Wednesday morning, AG Clark was asked about the personhood of the fetus. She declined to answer, saying the question is a smokescreen for what she said is the real motivation of the pro-life movement, which she said is the control of women’s bodies. She added that pro-lifers should advocate instead for more vasectomies.