Delaware unlawfully targets pregnancy centers

Simms Showers, ADF attorneys represent NIFLA, A Door of Hope in suit challenging unconstitutional state law

WILMINGTON, Del. – On behalf of a nonprofit pregnancy center and a nonprofit network of affiliated centers, attorneys with Simms Showers and Alliance Defending Freedom filed a federal lawsuit Wednesday challenging a Delaware law that unconstitutionally restricts the centers’ ability to communicate freely and also forces them to speak messages that undermine their mission and mislead the public.

The National Institute of Family and Life Advocates is a nonprofit religious network of facilities with four member facilities in Delaware, one of which is A Door of Hope, located in Wilmington. Together, they are suing the Delaware attorney general over the unconstitutional law.

“Delaware’s law is unconstitutional, pure and simple. It is a classic example of the government compelling speech to punish those who hold differing viewpoints,” said Simms Showers Senior Associate William R. Thetford, lead counsel in this case. “The pro-life pregnancy centers we represent in this case 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 are urging the court to affirm NIFLA’s members and A Door of Hope’s fundamental freedom to continue their life-affirming work without fear of government punishment.”

“Since Roe v. Wade was overturned, state attorneys general have ramped up their efforts to silence, censor, and shut down pregnancy care centers across the country. Delaware now follows government officials in New Jersey, New York, Washington, California, and Vermont targeting these centers by forcing them to provide misleading information or by punishing them for their life-affirming viewpoints,” said ADF Senior Counsel Kevin Theriot. “Delaware’s law runs afoul of the U.S. Supreme Court decision in NIFLA v. Becerra that struck down compelled statements in advertising. We are urging the court to follow the Supreme Court’s guidance and respect pregnancy centers’ freedom to continue their life-saving work to women and families.”

Delaware’s Senate Bill 300, which will take 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 burdensome, misleading, 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 the content of 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.

The lawsuit points out that Delaware’s law is designed to target pro-life pregnancy care centers and burdens, restricts, chills, or in some circumstances prohibits their message altogether. It does not similarly impact pro-abortion advocacy groups, individuals, or facilities.

“Delaware clearly crossed the line when it passed, and the governor signed SB 300, which copies a government-compelled notice in pregnancy center ads that was struck down in NIFLA v. Becerra in 2018 by the U.S. Supreme Court, delivering a huge win for pregnancy centers and free speech,” said Anne O’Connor, vice president of legal affairs at NIFLA. “SB 300 is clearly unconstitutional as it destroys the free speech of pregnancy centers solely because they are pro-life and help women who are facing unplanned pregnancies. Instead of shutting down the free speech of places where women can obtain free, non-judgmental assistance, Delaware should be putting effort into how they can support these women and all the good that pregnancy centers do for the state and its residents.”

“Delaware’s law explicitly targets pro-life pregnancy centers like A Door of Hope, impeding our ability to continue serving women and men who are making decisions about pregnancies in a spirit of concern and compassion,” said Rachel Metzger, executive director of A Door of Hope. “Our mission is to empower women to make life-affirming and healthy decisions, particularly about sex, pregnancy, and relationships. It’s unlawful for the state to punish us for holding a pro-life viewpoint.”

A Door of Hope is a faith-based organization that provides both medical and nonmedical pro-life information and services for no charge to women facing unplanned or unsupported pregnancies. These services include adoption information and referrals, post-abortion support, parenting classes, pregnancy options counseling, prenatal vitamins, and baby items. A Door of Hope’s registered nurses also provide pregnancy tests and limited obstetrical ultrasounds. Its medical team consists of a volunteer medical doctor who serves as its medical director, a volunteer radiologist, and several RNs who provide its medical services.

Simms Showers and ADF attorneys filed the lawsuit National Institute of Family and Life Advocates v. Jennings in the U.S. District Court for the District of Delaware. Andrew Meck is serving as local counsel on behalf of the pregnancy centers.

• 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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