An association of Baptist churches is vowing to appeal a Springfield judge's decision that Illinois Democrats didn't violate their religious rights by passing a state law which requires health insurers regulated by the state of Illinois to pay for abortions, a move they said effectively blocks religious objectors to abortion from obtaining employer-sponsored health insurance through those health insurance providers.
In his ruling, Sangamon County Associate Judge Christopher Perrin said the state didn't trample any First Amendment rights because the Illinois Baptist State Association can still purchase health care coverage from insurers regulated by other states or the federal government, which don't impose the same abortion coverage mandates.
"These alternatives provide flexibility for organizations to maintain insurance coverage without conflicting with their religious beliefs," Perrin wrote.
In response to the ruling, the IBSA said it disagreed with the judge's ruling and intended to appeal.
“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 said in a statement, published by The Illinois Baptist, a news site published by the IBSA.
The IBSA and their attorneys from the religious freedom advocacy organization, The Thomas More Society, filed suit against the state in 2020. The lawsuit nominally identified the Illinois Department of Insurance as defendant.
The lawsuit took aim at provisions in the 2019 law, known as the Illinois Reproductive Health Act, which required every health insurance plan regulated by the Illinois Department of Insurance to provide abortion coverage, if the plans also provide pregnancy-related benefits.
The IBSA asserted in their lawsuit that those provisions trample the religious freedom of employers in Illinois, but especially those of religious organizations. They argued the law would effectively leave them in the position of choosing between violating their religious beliefs related to abortion and providing health insurance coverage to their workers and their families.
In its lawsuit, the IBSA identified itself as a partnership of almost 1,000 Southern Baptist Convention churches and related organizations operating in Illinois and elsewhere. Their court filings say they have more than 20 employees.
In their lawsuit, the IBSA said they believe "that abortion separates the unitive and procreative aspects of human sexuality, involves the destruction of human life, and is inherently evil, gravely wrong and sinful, (and) also believe such practices are harmful to the health and well-being of all human beings." They said they believe the Bible teaches that "the unborn child is a person, bearing the image of God, from the moment of conception."
According to the complaint, the new Illinois law conflicts with their religious freedom rights under the Illinois Religious Freedom Restoration Act and the Illinois Health Care Right of Conscience Act, state laws they say affirm their rights to be free from state laws and regulations that may be used to force them to violate their religious beliefs.
They noted the Illinois Reproductive Health Act doesn't include any ability for religious objectors to opt out, which they said should be required under the state laws.
The lawsuit does not level any counts for violation of their First Amendment rights under the U.S. Constitution or federal religious liberty laws.
Judge Perrin, however, sided with Illinois Attorney General Kwame Raoul, whose attorneys defended the law on behalf of the Illinois Department of Insurance.
Specifically, Perrin said the law doesn't force the IBSA and other religious objectors to violate their beliefs, because they can still switch their health insurance coverage to other companies not subject to the Illinois law.
"The courts have consistently required a clear showing of compulsion that forces an entity to engage in conduct that directly conflicts with their religious beliefs," Perrin wrote. "The Illinois Baptist State Association is not mandated to purchase health insurance regulated by the (Illinois Department of Insurance) that includes abortion coverage. They have the option to select from alternative insurance plans, including those managed federally or issued by insurers in other states, which are not subject to the RHA Provision.
"... Despite these alternatives, the Illinois Baptist State Association chose not to pursue such options ... The Illinois Baptist State Association's failure to opt for these alternatives suggests that any claimed burden is self-imposed rather than a direct consequence of the RHA Provision."
The decision effectively means the IBSA and other religious objectors would be blocked from accessing health insurance policies regulated by Illinois. The judge did not believe this presented a "substantial burden on religious exercise" sufficient to trigger the protections under the otherwise-conflicting state religious freedom laws.
In a statement following the ruling, Raoul hailed the decision, saying: “This decision is a win in a years-long fight that is by no means over. My office is continuing to fight for reproductive care on all fronts because abortion care is health care. Full stop.
"We are committed to protecting access to comprehensive reproductive health care that includes abortion. However, coverage for reproductive health care is just as critical as access to reproductive health care. We will continue to fight to ensure that all women are able to access the reproductive and abortion care they need and deserve without having to worry about the cost.”
The Thomas More Society did not respond to a request for comment.
However, the IBSA said: “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.
“We are reviewing the ruling with our attorneys and expect to appeal the decision.”
Perrin has served on the Sangamon County Circuit Court since 2009, when he was first appointed by the Illinois Supreme Court. He has been reappointed by the state high court at the end of each term since.