New California Law Requires Pro-Life Pregnancy Centers to Advertise Abortion

Brittany M. Hughes | February 11, 2016
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A new California law is seeking to force pro-life crisis pregnancy centers offering women alternatives to abortion to advertise where and how a woman can get an abortion through public programs.

Effective as of January, the state’s new Reproductive FACT Act requires pro-life pregnancy clinics, most of them religiously-operated and based in low-income areas, to hand out notices to their patients explaining where they can access free or low-cost abortions, and providing a phone number to contact for these options.

According to the New York Times, many of the clinics -- which typically offer services like free pregnancy testing, counseling, birthing classes and assistance with things like diapers and care seats-- aren’t complying with the new requirement, saying it violates their First Amendment right to free speech. According to the article, there are upwards of 170-200 of these clinics across California, and about 70 of them are licensed.

Now, several of these clinics, including one founded and supported by evangelical churches and operating in the impoverished city of El Cajon, are fighting back.

From the NYT report:

The clinics argue that the law, which took effect in January, flagrantly violates their rights of free speech, and it appears that many of the dozens of licensed pregnancy centers in California are not yet complying.

“I don’t want to put up a sign telling you where you can go for an abortion,” said Mr. McClure of the clinic here, which is a plaintiff in one of several legal challenges. “The sign is not up here now because it’s unconstitutional.”

The Reproductive FACT Act states, in part:

This bill would enact the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act, which would require a licensed covered facility, as defined, to disseminate a notice to all clients, as specified, stating, among other things, that California has public programs that provide immediate free or low-cost access to comprehensive family planning services, prenatal care, and abortion, for eligible women.

The bill would also require an unlicensed covered facility, as defined, to disseminate a notice to all clients, as specified, stating, among other things, that the facility is not licensed as a medical facility by the State of California.

The New York Times reports that three federal courts and one state court have so far refused to block the law.

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