By Patrick Downes
Hawaii Catholic Herald
A federal district court on Sept. 20 struck down a Hawaii law that would have forced pro-life crisis pregnancy centers to publicize abortion and contraceptive services. Judge Derrick K. Watson made the ruling in light of the U.S. Supreme Court’s June 26 NIFLA v. Becerra decision affirming free speech.
The Supreme Court had ruled 5-4 that a California law that required pregnancy centers to post notices in their facilities about where low-cost abortion services are available was unconstitutional.
The Hawaii Legislature passed a similar law May 4, 2017. Senate Bill 501 compelled Hawaii’s six pregnancy care centers to post or distribute information referring clients to state-provided prenatal services that include contraception and abortion. Failure to provide this information would incur a fine of $500 for a first offense and $1,000 for each subsequent offense.
Gov. David Ige signed SB 501, retitled Act 200, into law on July 11, 2017.
The next day, attorneys for Alliance Defending Freedom, a non-profit legal group supporting faith-based freedom of speech causes, filed a federal suit on behalf of Calvary Chapel Pearl Harbor’s A Place for Women and the National Institute of Family and Life Advocates, which represents most of Hawaii’s five other pregnancy counseling centers.
Attorney Kevin Theriot of Alliance Defending Freedom, in a news release, said that “no one should be forced by the government to express a message that violates his or her beliefs, especially on deeply divisive subjects like abortion.”
Considering the Supreme Court’s decision, District Court Judge Watson “was correct to permanently halt Hawaii’s enforcement of Act 200’s compelled speech requirement,” Theriot said.
According to Alliance Defending Freedom, courts on the Mainland have “invalidated or mostly invalidated” similar laws in Texas, Maryland and New York City.
Act 200 would have required “limited service pregnancy centers” to display “in a clear and conspicuous place” the following message in large type: “Hawaii has public programs that provide immediate free or low-cost access to comprehensive family planning services, including, but not limited to, all FDA-approved methods of contraception and pregnancy-related services for eligible women.”
The message goes on to say how to apply for these services.
Seen as a victory for pro-life centers
In the same news release, Derald Skinner, pastor of Calvary Chapel Pearl Harbor and president of A Place for Women in Waipio, said he was grateful the state has “backed off its unconstitutional attack on our ministry.”
The nonprofit pregnancy centers offer free resources, information and emotional support to women, no matter what choices they make, the pastor said. “Our doors remain open and we continue to offer love, care, and compassion for all women and their precious little babies in our community.”
Hawaii has six pro-life pregnancy counseling centers: Malama Pregnancy Center, Wailuku, Maui; The Pregnancy Center, Kona, Big Island; A Place for Women, Waipio, Oahu; two Pregnancy Problem Centers of Hawaii, one in the Waiakamilo Shopping Center, Oahu, the other in Pearl City; and Aloha Pregnancy Care and Counseling Center, Kaneohe, Oahu.
All have some kind of religious affiliation. The Pregnancy Problem Center of Hawaii was founded by Robert Pearson, a Catholic.
According to their websites, all offer pregnancy tests and counseling. Most advertise adoption information, childbirth classes, abstinence education, and post-abortion recovery counseling. Some offer ultrasound exams.
Some centers explicitly say they do not offer abortions or abortion referrals, while offering information about “abortion methods and risks.”
