Written by Steve Michaelson

If you keep wondering how bad laws get made in Illinois, SB 1909 is a very good example. Yes, pundits have always compared law-making to sausage-making – a messy and unsavory process. But lawmaking in Illinois has reached a whole new level of butchery as a way to disguise or mask their work – it is so different from your “normal” backroom deals (which still happen, by the way).

I’d like to tell you about a typical day at the Capitol, in March, this past session. You were probably working, taking care of a sick child, or paying your bills. Legislators, however, were under the Capitol dome in Springfield debating a bill that would criminalize speech and actions at pregnancy care centers. They called them “deceptive practices.” Unfortunately, I’m not exaggerating.

Illinois State Senator Celina Villanueva (D-Chicago), the chief sponsor of SB 1909, told lawmakers gathered on that day that to vote on this measure would allow the Attorney General to formally investigate any pregnancy care center in Illinois for “deceptive practices.” But Illinois law already allows the Attorney General to investigate deceptive practices if there’s evidence of wrongdoing. What’s the change? The sponsor said SB 1909 allows the Attorney General to investigate a pregnancy care center it merely “believes” engages in deceptive practices.

Lawmakers were scratching their heads. No evidence, then? No, the sponsor said, anything the Attorney General “believes” is false information. Who defines false information? That would be the Attorney General. A lawmaker asked if this was targeted at just pregnancy care centers? Yes. Nobody else? No. Here is the actual back-and-forth questioning of the sponsor on SB 1909:

Question: “Can the Attorney General prosecute pregnancy care centers now under the Consumer Fraud and Deceptive Practices Act?”

Sponsor: “Yes.”

Question: “Then why bring forth this bill?”

Sponsor: “Because women need accurate information from which to make decisions regarding their health care.”

Question: “But you just said the Attorney General can already prosecute these alleged infractions now?”

Sponsor: “Yes.”

Question: “Then why bring forth this bill if they can already prosecute any infractions?”

Sponsor: “Because women need accurate information from which to make decisions regarding….”

Question: Both pregnancy care centers and abortion clinics are covered under the Consumer Fraud and Deceptive Practices Act now. Is that correct?”

Sponsor: “Yes.”

Question: “Then why cover pregnancy care centers in this new bill but not abortion clinics?”

Sponsor: “Because abortion clinics are covered under the Consumer Fraud and Deceptive Practices Act.”

Question: Okay, if a center is telling a woman the risks associated with giving birth and the risks with abortion, is that a Deceptive Practice under this bill?”

Sponsor: “That will be determined on a case-by-case basis.”

Question: “Okay, if a center is telling a woman that life begins at conception, and your side believes it doesn’t, is that an example of a Deceptive Practice under this bill?”

Sponsor: “That will be determined on a case-by-case basis.”

And that is the quality of debate. In Illinois. Under the Capitol dome. The sponsor gives non-answers. She knows the supermajority will pass her bill handily. And she knows the mainstream media will report it as a consumer protection bill. She just wants a way to shut down (and punish) pregnancy centers. So she and the supermajority pass a law that allows the Attorney General to fine a pregnancy care center up to $50,000 for “any infraction” of the so-called law.

Sounds like Soviet-style politics? Yes, it certainly does. And the obvious question was asked: Has anyone filed a complaint to the Attorney General about any deceptive practices at pregnancy care centers? The sponsor said no. Not one? No. Then why the legislation? Again, the sponsor gives her non-answer, “We want to keep women safe and possess correct information.”

IFI and other groups, including the Thomas More Society, fought SB 1909. And lost. The Governor just signed the bill into law this week. But the Thomas More Society immediately filed suit in federal court asking a judge to keep it from going into effect while their lawsuit contesting its constitutionality is being litigated. Let’s pray the court does the right thing.

It’s hard to believe we live in a state that passes such a law. This law allows the Attorney General to investigate and penalize a pregnancy care center which says “life begins at conception.” The Attorney General believes this is false info. Bam! Investigation, decision, and then up to a $50,000 penalty for every time they say it or advertise it. Same with “Abortion stops a beating heart.” Or even if a pregnancy care center employee tells a woman the risks associated with an abortion, that could be a deceptive practice if the Attorney General has different statistics or says there’s little risk.

It is, quite simply, Orwellian.

The Thomas More Society has a very strong case. IFI and other pro-life activists are optimistic that this law is on its face unconstitutional. They have all of the arguments to back it up – arguments that the Attorney General did not even bother to address before elected lawmakers. But this is Illinois. Anything can happen. Please pray for our justices that they will decide the case rightly. Please pray for the pregnancy care centers and their staff who work so hard just to care for mothers and their unborn children.

Additionally, please pray for lawmakers and interest groups who supported SB 1909 that they will come closer to Almighty God and His Word. Yes, Satan is alive and unwell under the Capitol dome. But Jesus has already overcome Satan. Let us pray boldly, with confidence that God’s will shall be done.