National Institute of Family and Life Advocates v. Jennings

Description:  A Delaware law unconstitutionally restricts pro-life pregnancy centers’ ability to communicate freely and also forces them to speak messages that undermine their mission and mislead the public.

WILMINGTON, Del. – One month after a pro-life pregnancy center and a nonprofit network of affiliated centers sued the Delaware attorney general over an unconstitutional law, state officials agreed to a court order prohibiting them from enforcing the law against the pregnancy centers for the duration of the case.

Attorneys with Simms Showers and Alliance Defending Freedom filed a federal lawsuit in February challenging the Delaware law that unconstitutionally restricts the National Institute of Family and Life Advocates’ and A Door of Hope’s ability to communicate freely and also forces them to speak messages that undermine their mission and mislead the public.

“We’re pleased Delaware officials won’t enforce their unconstitutional law against the pregnancy centers we represent as this case continues,” said Simms Showers Senior Associate William R. Thetford, lead counsel in this case. “Pregnancy centers are a force for good in Wilmington and the surrounding community, offering families true, life-affirming care and resources during unplanned or unsupported pregnancies.”

“We applaud Delaware officials for allowing NIFLA and A Door of Hope to serve women and families free from government punishment as this case moves forward,” said ADF Senior Counsel Kevin Theriot. “We’ve seen too many state attorneys general ramp up their efforts to silence, censor, and shut down pregnancy care centers across the country. We are urging the court to follow the Supreme Court’s guidance and respect pregnancy centers’ freedom to continue their life-saving service in their communities.”

Delaware’s Senate Bill 300, which goes into effect in March, imposes government-compelled speech upon the pregnancy care centers by requiring them to post disclaimers within their facilities and in all their advertising materials that they do not have a licensed medical provider on staff directly supervising the provision of services. In the lawsuit, the attorneys explain how such a disclaimer is false, burdensome, and would limit the centers’ digital advertising options, thus impeding their freedom of speech.

Further, state officials are requiring the disclaimers to be posted solely because A Door of Hope serves pregnant women from a pro-life perspective, and not with any prerequisite that the center has engaged in any improper behavior. The law compels speech and, in practice, regulates only speakers who wish to discuss the subject of pregnancy from a pro-life viewpoint rather than any other health topic.

Andrew Meck is serving as local counsel on behalf of the pregnancy centers in National Institute of Family and Life Advocates v. Jennings.

• Pronunciation guide: Theriot (TAIR’-ee-oh)

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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