ADF attorneys file challenge to Illinois law that forces faith-based employers to hire those who don’t share their religious beliefs
(Alliance Defending Freedom) On behalf of an Illinois Catholic diocese and pro-life pregnancy center, Alliance Defending Freedom attorneys filed their opening brief Tuesday with the U.S. Court of Appeals for the 7th Circuit.
The Diocese of Springfield and the Pregnancy Care Center of Rockford are challenging a state law that forces religious ministries to hire employees who don’t share their religious beliefs, particularly on issues like abortion. A district court dismissed the case in March, prompting the appeal to the 7th Circuit.
“Illinois can’t force pro-life religious organizations to bend the knee to the state’s secular view of abortion,” said ADF Senior Counsel Caroline Lindsay. “The Constitution protects the right of religious ministries to choose messengers who will advance—rather than contradict—their pro-life mission and religious beliefs. We urge the court to uphold these ministries’ fundamental rights to determine their own membership and message so they may serve their communities consistent with their faith.”
“The Diocese of Springfield in Illinois proclaims, teaches, and encourages Catholics to live out all the teachings of the Church, including the dignity and value of human life,” said Bishop Thomas John Paprocki. “Our employees represent the diocese and are expected to uphold our standards of conduct to ensure they align with the doctrine and moral teaching of the Catholic Church. However, under the state law, we cannot hire or retain employees based on our deeply held religious beliefs on pro-life teachings without being subject to disciplinary action. We must have the freedom to follow and express our convictions without government interference.”
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The Diocese of Springfield abides by the teachings of the Catholic Church, including its beliefs about reproduction, marriage, and the dignity of human life. The Pregnancy Care Center of Rockford similarly seeks to live out the Christian faith regarding the dignity of human life and the nature of marriage by sharing the Gospel, advocating against abortion, promoting God’s design for the family, and providing women facing unplanned pregnancies with much-needed counseling, services, and resources free of charge.
ADF attorneys explain that the Illinois Human Rights Act violates the constitutional rights of the ministries, and that, contrary to the district court’s conclusion, they have sufficient legal standing to challenge the law. As the brief filed in The Pregnancy Care Center of Rockford v. Bennett explains, “An organization need not await prosecution before challenging a statute that burdens its constitutional rights. It may instead show either (1) a credible threat of future enforcement, or (2) a present and objectively reasonable chill on speech. Here, the ministries have shown both.”
“As expressive associations engaged in evangelization, religious exercise, and advocacy, the ministries engage in myriad constitutionally protected activities that are impaired by the Act,” the brief notes. “The Constitution protects their right to choose whom they entrust with their Christian and pro-life missions and messages; to discuss theological matters in the workplace free from viewpoint-based restrictions and compelled falsehoods; and to refrain from offering benefits and terms of employment that would cause them to violate their sincerely held religious beliefs. The Act directly infringes each of these rights.”
Editor's note: This article was published by Alliance Defending Freedom and is reprinted with permission.
