National Institute of Family and Life Advocates v. James

BUFFALO, N.Y. – On behalf of two nonprofit pro-life pregnancy centers and one nonprofit network of affiliated centers, Alliance Defending Freedom attorneys are suing the New York attorney general for using her power to censor pro-life pregnancy centers because they tell women about the option of using progesterone for abortion pill reversal. Progesterone is a safe and naturally occurring hormone that can be used to counteract the life-ending effects of abortion drugs.

New York Attorney General Letitia James recently sued 11 faith-based pro-life pregnancy centers and a network of affiliated centers in the state, alleging—despite evidence to the contrary—that the centers are spreading “false and misleading” information about this progesterone treatment. She is unlawfully targeting pro-life pregnancy centers, threatening punishment for promoting and offering a service that gives women the option of changing their mind and attempting to save their baby’s life.

“Many women regret their abortions, and some seek to stop the effects of chemical abortion drugs before taking the second drug in the abortion drug process. Taking supplemental progesterone at that time can often save their baby’s life,” said ADF Legal Counsel Gabriella McIntyre. “The New York attorney general, however, is doing everything she can to deny women the freedom to make that choice. Women should have the option to reconsider going through with an abortion, and the pro-life pregnancy centers we represent in this case truthfully inform them about that choice. We are urging the court to affirm the pregnancy centers’ freedom to tell interested women about this lawful, life-saving treatment.”

ADF attorneys represent the National Institute of Family and Life Advocates, Gianna’s House, and Options Care Center. These faith-based, pro-life pregnancy centers and network of affiliated centers wish to truthfully inform women who have taken the first abortion drug that it may be possible to counteract its lethal effects if they change their mind and seek treatment within the first few days of taking the first drug. But their truthful speech about the progesterone treatment is chilled by the attorney general’s politically motivated lawsuit targeting similar speech.

The information the pro-life pregnancy centers wish to provide women is supported by multiple studies. Progesterone is a natural hormone needed to sustain pregnancy and has been used for decades to prevent miscarriage and forestall preterm labor safely and effectively. Statistics show that abortion pill reversal has likely saved over 5,000 unborn lives and has a 64-68% success rate. Yet the attorney general has targeted centers that tell women about this option because of the centers’ pro-life viewpoints and the content of their speech. ADF attorneys explain in the lawsuit that such actions from a government official violate the pregnancy centers’ First Amendment rights to speak freely and practice their religious beliefs.

ADF attorneys filed the federal lawsuit, National Institute of Family and Life Advocates v. James, in the U.S. District Court for the Western District of New York. Michael G. McCartin, one of more than 4,500 attorneys in the ADF Attorney Network, is serving as local counsel on behalf of the pregnancy centers.

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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