Welcome to the TMS Weekly Dispatch for December 22, 2025—with the latest news and updates from the front line, to keep you in-the-know on all things Thomas More Society. If you missed last week’s edition, you can read it here.  

Here’s the latest from the past week:

SCHROEDER v. TRETO – NEW COURT DOCS FILED IN CASE AGAINST ILLINOIS LAW MANDATING ABORTION PROMOTION AND REFERRAL: Last week, TMS attorneys filed a reply brief in the Seventh Circuit in Schroeder v. Treto. The brief urges the court to protect the free speech and free exercise rights of pro-life doctors, nurses, and pregnancy centers from an Illinois law compelling them to talk about the so-called “benefits” of abortion and refer clients to abortion providers—actions that directly contradict the values and beliefs upon which they practice and operate.  

The Brief argues that the Abortion Promotion Mandate and Referral Mandate contained in Illinois’ SB 1564 trigger strict scrutiny under the Free Speech Clause as content- and viewpoint-based regulations of speech—not conduct—and violate the Free Exercise Clause without justification.  

From the Brief:  

Illinois suggests that [pregnancy centers’] only purpose is to convince pregnant women to “carry their pregnancies to term”…That would not be more wrong.

Their overarching purpose is to help women and their babies. That’s why they provide material support. That’s why they offer counseling and help after abortion. And that’s why they advocate against abortion—because they believe it offers no benefits to a woman and ends a baby’s life.

The Brief continues:

Whenever the Referral Requirement applies, coercing a provider to refer to another provider or give information about other providers unconstitutionally compels speech…Facial relief is warranted for both requirements.

Now, Thomas More Society awaits a court date in the appeal.  

Read the full Reply Brief here.  

CATHOLIC BISHOPS URGE COURT TO END ILLINOIS’ BID TO VIOLATE CONSCIENCE RIGHTS OF PRO-LIFE DOCTORS AND PREGNANCY CENTERS: The Catholic bishops in Illinois filed a friend-of-the-court brief in Schroeder v. Treto last week, expressing support for pro-life doctors and pregnancy centers targeted by Illinois’ abortion promotion and referral mandates, also known as “SB 1564.”

A coalition of Catholic and Orthodox religious bodies—including the Catholic Conference of Illinois and the Orthodox Church in America—filed the amicus curiae brief urging the court to protect the conscience rights of pro-life doctors and ministries.

“The Church’s pro-life mission is under attack in Illinois,” said Chicago’s Cardinal Blase Cupich. “Catholic pro-life ministries in Illinois are now in the government’s crosshairs. These ministries exist to offer life-affirming care to mothers, children, and families in need, rooted in belief that every person is made in the image of God.”

By forcing referral, “Illinois is now demanding that they speak a message that contradicts this eternal truth and the very purpose of their ministry. That is a line faithful Catholics cannot cross,” Cupich added.  

The amicus brief argues that religious speech holds a uniquely protected place in American constitutional law—tracing its origins back centuries through Anglo-American legal tradition. In the brief, the Catholic bishops and Orthodox churches contend that freedom of speech first emerged as freedom of religious speech, and that this history means governments cannot force religious groups to speak messages that violate their beliefs.  

They argue Illinois’ requirement that pro-life providers discuss the “benefits” of abortion and refer patients to abortion providers unconstitutionally compels religious speech and fails strict scrutiny because the state’s interest in healthcare access doesn’t come close to the historically recognized compelling interests (such as threats to peace or public safety) that might justify burdening core religious expression.

Thomas More Society is grateful to Cardinal Cupich and the Catholic Conference of Illinois for adding their voices as shepherds of Chicago Catholics in support of this critical legal battle.  

Read the Brief in its entirety here.  

TMS SUPPORT RELIGIOUS LIBERTY CASE WITH FRIEND-OF-THE-COURT BRIEF: TMS attorneys filed a friend-of-the-court brief with the U.S. Supreme Court in St. Mary Catholic Parish v. Roy, urging the Court to protect the right of religious preschools to participate in Colorado's universal preschool program without being forced to abandon their religion-based mission.  

The case challenges Colorado’s requirement that St. Mary Catholic Parish comply with sexual orientation and gender identity mandates that directly contradict Catholic teaching, effectively excluding religious schools from a public benefit program available to all other schools.

TMS attorneys argue that the Tenth Circuit erred by suggesting that protecting religious exercise would open the floodgates to protecting “secular beliefs.”  

However, the Free Exercise Clause protects only genuine religious exercise, not purely personal or philosophical beliefs. Courts have consistently rejected First Amendment protection for the “Church of Marijuana” and the “Flying Spaghetti Monster,” for example. Thus, TMS urges the Supreme Court to clarify that the Free Exercise Clause’s original, historical meaning—protecting one’s duty to and reverence for God—provides clear boundaries that prevent the slippery slope feared by the lower court.  

Colorado’s refusal to include St. Mary’s and other Catholic preschools in its ostensibly universal preschool program threatens to close the school’s doors and robs religious parents of their fundamental right to direct their children's religious education.

Read the full Brief here.  

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