Federal lawsuit filed in San Diego to stop California pregnancy care center “Bully” law AB 775 that coerces conscience violating speech.

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THE NATIONAL CENTER FOR LAW & POLICY NEWS RELEASE

October 13, 2015– FOR IMMEDIATE RELEASE
CONTACT NCLP MEDIA RELATIONS: (760) 747- 4529, x103

SAN DIEGO, CA—Today a federal lawsuit was filed in U.S. District Court challenging California Assembly Bill 775, the Reproductive FACT Act (“Act’). The Act forces California’s pregnancy care centers (“PCC’s”) to express government sanctioned speech that conflicts with and undermines PCC’s life-affirming beliefs and messages.

AB 775 passed the legislature on September 3, 2015 and was signed into law by Governor Edmund G. Brown, Jr. on October 9, 2015. Plaintiffs are the National Institute of Family and Life Advocates (NIFLA), the Pregnancy Care Clinic located in El Cajon, and the Fallbrook Pregnancy Resource Center. Named defendants include California Governor Edmund D. Brown, Jr., Attorney General Kamala Harris, co-sponsor of the legislation, San Diego County Counsel Thomas Montgomery, and El Cajon City Attorney Morgan Foley in their official capacities.

The lawsuit seeks injunctive and declaratory relief against the Act because it compels plaintiffs’ speech in violation of the First Amendment’s Free Speech Clause, is impermissibly vague under the Fourteenth Amendment’s Due Process Clause, violates the Free Exercise of religion protected by the First Amendment, and transgresses the Coats-Snow Amendment, 42 U.S.C. § 238n, a federal statute protecting licensed health care entities from being required to refer for abortion or make arrangements for such referrals.

The PCC’s are represented by The National Center for Law & Policy’s (NCLP) Dean Broyles and Alliance Defending Freedom (ADF) attorneys Matt Bowman, David J. Hacker, Kevin Theriot, and Elissa Graves. Anne O’Connor of National Institute of Family Life and Life Advocates (NIFLA) completes the legal team representing the plaintiffs.

Sponsored by NARAL and supported by Planned Parenthood, the Act unfairly targets California’s life affirming PCC’s with coerced speech designed to steer women away from PCC’s and towards abortion providers. The Act forces medical PCC’s to refer women elsewhere for free or low cost abortions. Non-medical PCC’s must, in very large, bold, conspicuous print, both at the clinic and in all advertising, notify women that they are not medically licensed. Violation of the law would lead to financially burdensome fines.

“Pregnancy care centers provide valuable resources and services to women facing unplanned pregnancies, giving them meaningful life-affirming alternatives to abortion, like adoption,” declared Dean Broyles. “I am honored to be a part of the legal team challenging this egregious and unjust law that violates the freedom of conscience, religious freedom, and the freedom of speech. If not stopped, the Act will lead to more unnecessary death and dismemberment of children.”

“Planned Parenthood and NARAL are cheerleaders for abortion,” continued Broyles. “The transparent goal of AB 775 is to increase the number of infant deaths in California by, now with the force of law, diverting women away from PCC’s to Planned Parenthood facilities and other abortuaries where death is aggressively promoted, babies are killed, dismembered, and their body parts sold for profit. This gruesome inhumanity and callousness has been on full display recently as Planned Parenthood doctors and others have been caught on tape operating grotesque baby chop shops, casually discussing trafficking in children’s body parts while crunching on salad and sipping Chardonnay, reducing human flesh to a highly profitable commodity.”

“Planned Parenthood and their allies have a clear conflict of interest as they stand to significantly profit from the Act,” added Broyles. “Laws similar to AB 775, coercing commercial speech, have already been successfully challenged and defeated in New York, Texas, and Maryland. Our legal team will work very hard to ensure that AB 775 experiences the same fate here in California.”

Please address media inquiries to The National Center for Law & Policy. The National Center for Law & Policy is a non-profit 501(c)(3) legal defense organization dedicated to the protection and promotion of religious freedom, the affirmation of life, parental rights, and other civil liberties. Please visit our website at www.nclplaw.org.

For further comment, please contact The National Center for Law & Policy at 760-747-4529 x103 or dbroyles@nclplaw.org.

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