Chicago, IL - Thomas More Society attorneys filed their opening brief Wednesday in the U.S. Court of Appeals for the Seventh Circuit, challenging an April 4 district court decision in Schroeder, et al. v. Treto, Jr that upheld an amendment to the Illinois Health Care Right of Conscience Act (HCRCA) which would require pro-life physicians and pregnancy centers to refer for abortion. The referral mandate has faced legal challenges since it was originally passed in 2016 by Illinois lawmakers as SB 1564 to unconstitutionally limit conscience protections for pro-life physicians and pregnancy centers.  

“Pregnancy centers across Illinois are doing God’s work and empowering women with alternative choices to abortion. Illinois’ abortion referral mandate is completely at odds with their faith, their mission, and the Constitution,” said Peter Breen, Executive Vice President and Head of Litigation at Thomas More Society. “As we begin the appeals process, we are reaffirming once again that we will continue to fight to defend our heroic pro-life ministries and their life saving work until this conscience-violating mandate is struck down.”

In his April 4 split decision, Judge Johnston also rightly struck down as unconstitutional a separate key provision of the HCRCA challenged by Thomas More Society attorneys, which sought to compel pro-life physicians and pregnancy centers to speak about the “benefits of abortion” and promote pro-abortion talking points with women in need. The state is cross appealing this half of the decision and fighting for the reinstatement of this compelled speech mandate.  

“The district court’s split decision has left many of our pregnancy center staff and volunteers, including myself, anxious about the future of our pro-life ministries here in the Land of Lincoln. It is unthinkable for us to be forced into referring for an abortion any pregnant woman who enters our center seeking hope for her and her baby’s future. We cannot, in good conscience, recommend or refer for abortion. We hope and pray that the federal appeals court will uphold our right to fully practice our ministry, free of mandates that would violate our conscience,” said Judy Cocks, Executive Director of Women's Help Services.      

Judge Johnston granted Thomas More Society’s request to pause the abortion referral mandate as the case continues in federal appeals court. Thomas More Society is proudly representing Dr. Ronald L. Schroeder, an Illinois physician; 1st Way Life Center and Focus Women’s Center, pregnancy help centers in Johnsburg and McHenry, Illinois; and Pregnancy Aid South Suburbs, a group of pregnancy help centers in the Chicagoland area.

The Consolidated Principal Brief of Appellants, filed May 28, 2025, in Schroeder v. Treto, Jr., can be found here.

Schroeder v. Treto, Jr. photos can be found here.