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Illinois State Capital Building in Springfield, Illinois

IBSA loses religious freedom case, expects to appeal

September 9, 2024 By Lisa Misner

Springfield | A circuit judge in Springfield has ruled against the Illinois Baptist State Association in a suit to protect IBSA from requirements to provide employees with insurance benefits that cover abortion. The ruling came more than four years after IBSA filed suit, saying the Illinois Reproductive Health Act did not violate IBSA’s religious freedom.

“The September 4 ruling discounts the beliefs of over 150,000 Illinois Baptists, as well as all Illinoisans who hold these same sacred convictions, by requiring all insurance coverage in our state to pay for abortion on demand, without a clear pathway for religious exemptions for churches or faith-based ministries,” IBSA Executive Director Nate Adams stated.

“We stand by our position that the Reproductive Health Act is inconsistent with the Illinois Religious Freedom Restoration Act and the Illinois Health Care Right of Conscience Act,” Adams said. “We are reviewing the ruling with our attorneys and expect to appeal the decision.”

In September 2019, the IBSA Board of Directors authorized the Association to engage in litigation in partnership with the Thomas More Society seeking relief for IBSA entities and member churches from the Reproductive Health Act. The Thomas More Society and a local attorney from an IBSA church are providing all legal services without cost to IBSA.

The Act, passed by the State Assembly that spring, required all employers in the state to provide abortion coverage as part of their employee insurance plans regulated by the Illinois Department of Insurance (IDOI). IBSA filed suit based on its religious beliefs in June 2020. The State Attorney General’s office countered by filing a motion of summary judgement on behalf of the IDOI.

On September 4, Sangamon County Seventh Circuit Judge Christopher G. Perrin ruled IBSA did not prove the Act “imposes a substantial burden on their religious beliefs. Given the availability of alternative insurance options that exclude abortion coverage, the Association’s argument under (the religious freedoms act) lacks the necessary proof of coercion or compulsion required to sustain their claim.”

In the ruling Perrin claimed federally managed insurance plans and plans issued by out-of-state insurers could be obtained, both of which are not regulated by the IDOI. His ruling granted summary judgement for the state.

“Illinois Baptist cooperating churches have consistently expressed their conviction that abortion is in opposition to their sincerely held religious beliefs,” Adams said. “We are deeply disappointed in the ruling.”

Read the entire ruling.

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