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National Institute of Family and Life Advocates v. Clark

Description:  The National Institute of Family and Life Advocates and two pregnancy care centers are challenging Vermont state officials for unconstitutionally restricting the centers’ speech and provision of services.


Tuesday, Jun 25, 2024

BURLINGTON, Vt. – A federal district court in Vermont has allowed a lawsuit brought by pregnancy care centers to proceed. In the case, National Institute of Family and Life Advocates v. Clark, ADF attorneys represent NIFLA, Aspire Now, and Branches Pregnancy Resource Center because Vermont officials unconstitutionally restricted the centers’ speech.

“Women who become unexpectedly pregnant should know they have life-affirming options available to them, from emotional support to practical resources,” said ADF Legal Counsel Julia Payne. “That is what our clients offer to their communities, and that is why the court rightly saw fit for this lawsuit to proceed. Not only does Vermont’s law force faith-based pregnancy centers in the state to speak and act against their conscience; it also robs women of these options and impedes their ability to receive critical services during a difficult time in their lives. Pregnancy centers should be free to serve women and offer the support they need without fear of unjust government punishment. As our case continues, we will urge the court to support the rights of pregnancy centers that provide these critical care services.”

As the U.S. District Court for the District of Vermont wrote in its decision, “Viewpoint discrimination is a particularly insidious form of content discrimination, taking place when the government targets ‘particular views taken by speakers on a subject’ … [T]he Court concludes that Plaintiffs have plausibly alleged that both regulations may be viewpoint-based. They target [pro-life pregnancy centers] for regulation, situating Plaintiffs differently from other clinics.”

Last May, Vermont Gov. Phil Scott signed SB 37 into law, impeding the ability of pro-life pregnancy centers to continue providing help and support to the state’s women and families. The law censors the centers’ ability to advertise their services and to counsel women against abortion.

The law specifically targets pro-life pregnancy centers as “limited services” providers because they do not refer for 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 life-affirming messages are misleading.

The law applies only to pro-life pregnancy centers. An abortion facility that provides identical information would not be subject to the law.

The district court ruled that all three clients can challenge the law’s violation of free speech and that NIFLA and Aspire Now can challenge the law’s restriction on providing information, services, and counseling.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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ABOUT Kevin Theriot

Kevin Theriot serves as senior counsel with Alliance Defending Freedom, where he is a key member of the Center for Life Team working to defend pro-life laws and speech and protect medical rights of conscience. He has litigated cases in the areas of religious freedom, the sanctity of life, and marriage and family. Theriot is admitted to the bar in eight states, the U.S. Supreme Court, and numerous other federal courts of appeal and district courts. Theriot received his law degree from Vanderbilt University and has been litigating First Amendment issues since 1993.

ABOUT Julia Payne Koon

Julia Payne Koon serves as legal counsel for Alliance Defending Freedom’s Center for Life. In this role, she defends the sanctity of life by litigating both beginning and end of life issues. Before joining ADF, Koon worked at the Office of the Indiana Attorney General as a deputy attorney general for five years. She has argued cases before the U.S. Court of Appeals for the 7th Circuit, the Southern District of Indiana, and Indiana state courts. Koon graduated cum laude from Indiana University Maurer School of Law in 2017, where she served as an editor on the Indiana Law Journal and won best brief in the Sherman Minton Moot Court Competition. During law school, she interned as a clerk for Indiana Solicitor General Tom Fisher and as a Blackstone Fellow with ADF’s Center for Academic Freedom in Atlanta. Koon graduated summa cum laude from Western Kentucky University with a B.A. in History and a B.A. in Spanish. Koon is a member of the bars of the Indiana Supreme Court, the northern and southern districts of Indiana, and the 7th Circuit.