Vermont legislators were forced to backtrack on a law targeting pro-life pregnancy centers after a lawsuit exposed clear First Amendment violations that would have silenced vital pregnancy support services across the state.
Key Takeaways
- Vermont amended SB 37/Act 15 after pro-life pregnancy centers filed a federal lawsuit challenging the law’s constitutionality
- The original law specifically targeted “limited-services pregnancy centers” with potential $10,000 fines for “misleading” speech about abortion alternatives
- Alliance Defending Freedom (ADF) successfully argued the law violated First and 14th Amendment rights to free speech
- Despite the amendment, Vermont Right to Life continues to express concerns about constitutional issues with the revised language
- Pro-life pregnancy centers report 99% client satisfaction rates while providing cost-effective alternatives to abortion facilities
Vermont’s Unconstitutional Attack on Pro-Life Centers
When Vermont’s legislature passed SB 37 in May 2023, they deliberately targeted faith-based pregnancy resource centers (PRCs) that don’t provide or refer for abortions. The law’s Section 8 imposed severe restrictions on these centers’ advertising and communication, establishing a dangerous precedent allowing government officials to punish pro-life speech. Despite early warnings from Sharon F. Toborg of Vermont Right to Life that such measures would face constitutional challenges, lawmakers ignored these concerns and proceeded with their thinly-veiled attack on life-affirming pregnancy services.
“Women who become unexpectedly pregnant should know they have life-affirming options available to them, from emotional support to practical resources, which is exactly what our clients offer. We’re pleased that Vermont recognized it needed to amend its discriminatory law that unlawfully targeted faith-based pregnancy centers and restricted their ability to speak and act according to their conscience. Pregnancy centers must be free to serve and empower women and their families by offering the support they need without fear of unjust government punishment,” said Julia Payne Koon, ADF Legal Counsel
Legal Challenge Forces Vermont to Backpedal
The original law, signed by Vermont Governor Phil Scott, imposed restrictions that effectively prohibited pro-life centers from advertising their services or counseling against abortion. Any communication deemed “misleading” by the state’s Attorney General could result in fines up to $10,000. This blatant violation of free speech rights prompted immediate legal action. Two Vermont pregnancy centers—Aspire Now and Branches Pregnancy Resource Center—joined with the National Institute of Family and Life Advocates (NIFLA) to file a federal lawsuit challenging the constitutionality of these provisions.
“The state of Vermont has backed away from attacking the work of pro-life pregnancy centers” – Anne O’Connor,” said NIFLA, Vice President of Legal Affairs
The lawsuit argued that SB 37’s language was unconstitutionally vague and could lead to compelled speech while restricting legitimate communication with women in crisis. Faced with these substantial legal challenges, Vermont legislators were forced to amend the law, removing the specific targeting of pro-life centers and loosening restrictions on their medical services. This victory represents a significant pushback against the growing trend of progressive states attempting to silence pro-life voices through regulatory overreach.
The Truth About Pregnancy Resource Centers
Vermont’s attack on pro-life pregnancy centers relied on false claims that these organizations are predatory and misleading. However, the evidence shows quite the opposite. A study published in the medical journal Contraception found that pro-life pregnancy centers actually offer more efficient and cost-effective services than abortion facilities. Client satisfaction surveys conducted by Care Net and Heartbeat International revealed an astonishing 99% satisfaction rate among women who utilized their services—hardly the profile of predatory organizations.
“Women who become unexpectedly pregnant should know they have life-affirming options available to them, from emotional support to practical resources, which is exactly what our clients offer,” said Julia Payne Koon, ADF Legal Counsel
Ongoing Concerns About Vermont’s Law
While the amendment of SB 37 represents a significant victory for free speech and pro-life advocates, concerns remain about the revised language. The amended law now broadens its scope to include all organizations and individuals involved in healthcare-related speech, with potential fines for communication deemed “misleading” by the Attorney General. Vermont Right to Life continues to express constitutional concerns about this language, suggesting that future legal challenges may be necessary to fully protect First Amendment rights in the state.
The temporary retreat by Vermont legislators demonstrates that direct challenges to unconstitutional laws can succeed, but the broader battle continues. Pro-life pregnancy centers remain vigilant and prepared to defend their rights to offer life-affirming alternatives to women facing difficult pregnancy decisions. This case serves as an important reminder that government attempts to silence conservative and faith-based voices through targeted regulation will face determined resistance and constitutional scrutiny.
