Trump Admin: Illinois Broke Federal Law Forcing pro-Life Doctors to Refer for Abortions
Thomas More Society welcomes a decisive determination by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights, finding that the State of Illinois violated federal law by conditioning conscience protections on requiring pro-life physicians and pregnancy centers to participate in abortion referral and promotion, against their deeply held moral and religious beliefs.
In a Notice of Violation issued January 21, 2026, HHS’s Office for Civil Rights concluded that Illinois’ Senate Bill 1564, which amended the state’s Health Care Right of Conscience Act, runs afoul of the Coats-Snowe and Weldon Amendments—federal statutes that prohibit government entities receiving federal funds from coercing healthcare professionals and organizations into referring for or facilitating abortions. HHS has directed Illinois to bring its policies into compliance within 30 days or face potential loss of federal healthcare funding.
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The finding comes in direct response to complaints Thomas More Society filed with HHS in 2018. Separately, Thomas More Society lawsuit Schroeder v. Treto, Jr. challenges the same Illinois law on constitutional grounds and is pending before the U.S. Court of Appeals for the Seventh Circuit.
“The Land of Lincoln’s Health Care Right of Conscience Act was meant to safeguard moral and religious freedom in healthcare,” said Peter Breen, Executive Vice President and Head of Litigation at Thomas More Society. “Illinois turned it on its head, weaponizing it to punish pro-life medical professionals and pregnancy centers.” As a then-state representative, Breen led the opposition to SB 1564 on the House floor.
“HHS has now confirmed that gutting precious conscience protections violates federal law, and the financial consequences for the state could be significant if they continue to trample conscience rights.”
In Schroeder v. Treto, Thomas More Society represents an Illinois physician and several pro-life pregnancy help centers challenging the law on First Amendment grounds. In April 2025, the district court struck down the requirement that pro-life physicians and pregnancy centers promote abortion by compelling speech about its so-called “benefits,” but upheld the abortion referral mandate. Thomas More Society has appealed the court’s ruling on the referral mandate.
“These are complementary battles on different legal fronts,” Breen continued. “HHS has vindicated our federal conscience law arguments. How Illinois will choose to move forward remains to be seen. Meanwhile, we are asking the Seventh Circuit to hold that Illinois compelling pro-abortion speech violates the First Amendment. Rather than correcting course, Illinois has thus far doubled down—defending a law that strips conscience protections from the very people it was designed to protect.”
Thomas More Society will continue defending the conscience rights of pro-life physicians and pregnancy centers and holding Illinois accountable for policies that unlawfully coerce participation in abortion.
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