The harassment of pro-life pregnancy centers must stop

In the wake of the Supreme Court’s Dobbs decision in 2022, which returned the power to protect unborn life to the states, several state attorneys general in left-leaning states declared pro-life pregnancy centers public enemy No. 1. These centers provide hundreds of millions of dollars in free goods and services to women and children every year. And they have seen an unprecedented amount of violence—nearly 100 pregnancy centers have been vandalized, firebombed, or otherwise attacked since the Dobbs decision was leaked. Yet, instead of using their authority under the federal Freedom of Access to Clinic Entrances (FACE) Act or state laws to protect pregnancy centers from violence and intimidation, many of these attorneys general have piled on, using various lawfare tactics to harass and intimidate.

Shortly after the Dobbs decision, 16 state attorneys general signed an open letter threatening pregnancy centers with various state enforcement actions. They expressed “concern” that pregnancy centers existed in their states at all, and especially that they outnumber abortion businesses 3-to-1. They alleged that—because the pro-life centers don’t perform abortions—they mislead women. The attorneys general pledged to continue to take “numerous actions” to impede pro-life pregnancy centers from speaking about the harms of abortion.

These were not idle threats.

In May 2022, Washington Attorney General Bob Ferguson, who is now the state’s governor-elect, issued civil investigative demands (CIDs) to the Obria Group, a network of pro-life medical clinics, and three specific Obria locations. These medical clinics provide comprehensive and compassionate care, such as ultrasounds, well-woman care, prenatal care, sexually transmitted disease/sexually transmitted infection testing and treatment, and abortion pill reversal. Despite failing to identify a single patient complaint or any purported violation of state law, Ferguson investigated what he called “possible” deceptive marketing and “possible” unfair collection and use of consumer data.

Ferguson demanded that Obria produce an absurd amount of information, including more than a decade’s worth of information relating to donors, volunteers, and employees. His aggressive investigation caused Obria’s insurance premiums to skyrocket. The centers were also compelled to spend precious resources on compliance, resources they would otherwise have used to support women facing unplanned pregnancies. Even after Obria provided more than 1,500 pages of responsive documents, Ferguson’s office continued to demand additional documentation. It was only after Alliance Defending Freedom filed a lawsuit against him—alleging that his CIDs were overbroad and a retaliatory effort to silence pro-life speech—that he backed down, formally closing the investigation.

In September 2023, California Attorney General Rob Bonta sued Heartbeat International (a national network of pregnancy centers) and RealOptions Obria (which has five pregnancy centers in California) for publishing information about abortion pill reversal. The suit threatens punishment for promoting and offering services that can save lives through reversal. Bonta is trying to keep women from finding out about a medical option that gives their unborn children a second chance at life. But that effort is not going unchallenged: ADF filed a lawsuit against Bonta arguing that his lawsuit is an unconstitutional attempt to censor pro-life speech.

In November 2023, without identifying a single complaint from the public, New Jersey Attorney General Matt Platkin issued a subpoena to First Choice demanding that the Christian, pro-life, medical nonprofit organization disclose constitutionally protected information—such as the names and identities of its donors—as well as provide communications with other pro-life organizations. Platkin has referred to pro-life groups as “extremists” and even asked Planned Parenthood to edit the consumer alert he issued against pregnancy centers. ADF is defending First Choice in federal and state court so that it can continue to provide resources to women in its community without unjust government harassment.

In May 2024, New York Attorney General Letitia James sued 11 faith-based, pro-life pregnancy centers in her state and a network of affiliated pregnancy centers for claiming that abortion pill reversal was safe and effective. James seeks an injunction, damages, civil penalties, and attorneys fees—all of which have a chilling effect on the speech and life-saving work of these organizations. James’ lawsuit denies women potentially life-saving information.

ADF filed suit on behalf of other New York pregnancy centers and obtained a preliminary injunction against James. The U.S. District Court compared her efforts to silence pro-life pregnancy centers to the dystopian “Ministry of Truth” in George Orwell’s 1984, adding that “freedom of speech and thought ‘flows not from the beneficence of the state but from the inalienable rights of the person.’”

That’s exactly right. The First Amendment forbids government officials from picking sides in a political debate. They may not censor or shut down pregnancy centers for speaking about life-saving care. Pregnancy centers are there to help women when no one else will. And the Constitution allows them to provide this compassionate care and support without government harassment.