Washington, D.C. — The Supreme Court on Tuesday ruled in favor of pro-life pregnancy centers affirming that a California law passed in 2015, which requires the centers to inform clients about free or low-cost abortion services, violates the centers’ First Amendment rights to free speech.
In the 5-4 ruling, the court invalidated the California law, putting in peril similar laws on the books in Hawaii and Illinois.
The Golden State law, which targeted centers that provide abortion alternative counseling, mandated that such centers prominently post information on how to obtain abortion and contraception.
Centers that failed to comply with the law were fined $500 for a first offense and $1,000 for each subsequent offense, under California law.
Pro-life groups fiercely challenged the regulations, arguing that they violated their free speech rights under the First Amendment. The court concurred. The 9th Circuit Court of Appeals had previously rejected that argument.
“California cannot co-opt the licensed facilities to deliver its message for it,” Justice Clarence Thomas said in his majority opinion, referring to the regulations as “unjustified and unduly burdensome.”
Thomas was joined in his findings by fellow conservative justices John Roberts, Anthony Kennedy, Samuel Alito and Neil Gorsuch. Liberal justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan each dissented.
California Attorney General Xavier Becerra spoke out after the high court’s decision was announced, calling the ruling “unfortunate.”
“When it comes to making their health decisions, all California women — regardless of their economic background or zip code — deserve access to critical and non-biased information to make their own informed decisions,” Becerra said in a statement.
“Today’s Court ruling is unfortunate, but our work to ensure that Californians receive accurate information about their healthcare options will continue.”
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