A legal battle for life is unfolding in New York as Alliance Defending Freedom (ADF) attorneys filed a federal lawsuit against New York Attorney General Letitia James in May on behalf of two pro-life pregnancy centers and a network of affiliated centers.
The plaintiffs, including the National Institute of Family and Life Advocates, Gianna’s House, and Options Care Center, argue that James is unlawfully targeting faith-based, pro-life pregnancy centers for providing information about a lawful and potentially life-saving treatment.
The centers wish to inform women who have taken the first drug in the chemical abortion process that they may be able to reverse its effects by taking supplemental progesterone within the first few days.
What is Alliance Defending Freedom?
ADF is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.
Alliance Defending Freedom’s Church & Ministry Alliance, a division of the broader Alliance Defending Freedom organization, is dedicated to safeguarding the legal rights of religious institutions. This ministry-focused arm offers legal assistance and counsel to churches and faith-based organizations, ensuring they can practice their beliefs without undue interference or restriction from external entities.
In the federal lawsuit National Institute of Family and Life Advocates v. James, Alliance Defending Freedom attorneys are challenging New York Attorney General Letitia James’s recent actions against 11 pro-life pregnancy centers and a network of affiliated centers.
James alleges these centers are spreading “false and misleading” information about using progesterone for abortion pill reversal.
However, the plaintiffs argue that James’s claims contradict scientific evidence, noting that progesterone, a naturally occurring hormone, has been used safely for decades to prevent miscarriage and preterm labor. They assert that numerous studies support the use of progesterone to counteract the effects of mifepristone, the first drug in the chemical abortion process, making James’s enforcement actions an unconstitutional infringement on their free speech rights.
The lawsuit cites studies, including one by the United Kingdom’s National Institute of Health and Care Excellence (NICE), which found no increased risks of birth defects or other harms from progesterone treatment. The plaintiffs also argue that prescribing FDA-approved drugs for off-label uses, like progesterone for abortion pill reversal, is a widespread and accepted medical practice.
The lawsuit contends that the Attorney General’s enforcement of New York Executive Law § 63(12) and New York General Business Law Article 22-A, §§ 349 and 350 (“the Business Fraud Statutes”) against these centers amounts to content-based and viewpoint-based discrimination and has chilled their clients’ speech, forcing their clients to remove truthful, non-commercial information about progesterone treatment from their websites and materials.
Additionally, the plaintiffs argue that their statements about progesterone are religiously motivated, rooted in their Christian belief that life begins at conception. They claim the Attorney General’s actions violate their free exercise rights by forcing them to choose between adhering to their religious beliefs and facing penalties or violating those beliefs by refraining from speaking.
The lawsuit also alleges that the statutes are unconstitutionally vague, failing to provide clear definitions of terms like “deceptive acts or practices,” “false advertising,” and “fraud.” This vagueness, they argue, allows for arbitrary and discriminatory enforcement against pro-life centers while leaving other entities, like Planned Parenthood, untouched.
The plaintiffs are seeking a preliminary and permanent injunction to bar the Attorney General from enforcing these laws against their speech about progesterone treatment, as well as a declaration that the laws are unconstitutional as applied to this speech.
In a statement on Alliance Defending Freedom Media, ADF Legal Counsel Gabriella McIntyre said many women regret their abortions, and some seek to stop the effects of chemical abortion drugs before taking the second drug in the abortion drug process. She contends that taking supplemental progesterone at that time can often save the baby’s life.
“The New York attorney general, however, is doing everything she can to deny women the freedom to make that choice. Women should have the option to reconsider going through with an abortion, and the pro-life pregnancy centers we represent in this case truthfully inform them about that choice. We are urging the court to affirm the pregnancy centers’ freedom to tell interested women about this lawful, life-saving treatment,” McIntyre said.
The case is filed in the U.S. District Court for the Western District of New York.
