Dan Proft: Court decision to uphold Illinois Health Care Right of Conscience Act is ‘unconstitutional’

Dan Proft: Court decision to uphold Illinois Health Care Right of Conscience Act is ‘unconstitutional’
Dan Proft — AM 560
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Dan Proft, a radio host for AM 560 and political commentator, has described the recent decision regarding the Illinois Health Care Right of Conscience Act as “unconstitutional.” He made this statement in a post on X on April 8.

“Another unconstitutional law imposed by Pritzker and his fellow self-styled protectors of “our democracy” to put on their permanent record,” said Proft, Radio host, political commentator and activist. “They tolerate everything other than dissent.”

Proft’s post included a link to a news release from the Thomas More Society, which announced a decision in the case of Schroeder, et al. v. Treto, Jr. The case focused on the Illinois Health Care Right of Conscience Act (HCRCA) and its requirement for pro-life doctors and pregnancy centers to provide information about abortion. According to Peter Breen, Executive Vice President and Head of Litigation at the Thomas More Society, “Thomas More Society will keep fighting to protect our heroic pro-life ministries. Forcing pro-life doctors and pregnancy centers to facilitate abortion unconstitutionally burdens their faith and conscience. We will keep fighting Illinois’ abortion referral mandate and appeal to the Seventh Circuit, to ensure our pro-life clients can continue serving women and children, in accord with their faith and without penalty.”

The state abortion law ruling addressed issues related to free speech. U.S. District Court Judge Iain D. Johnston determined that requiring discussions about the risks and benefits of childbirth and abortion constitutes compelled conversation that violates the First Amendment. However, Johnston upheld a provision mandating that medical providers who object on conscience grounds must either transfer or refer patients requesting services or provide written information about other doctors who can offer those services.

The Illinois Health Care Right of Conscience Act (HCRCA), enacted in 1977, was intended to protect doctors and pharmacists from liability if they refused to participate in abortions. The law states: “No physician or health care personnel shall be civilly or criminally liable to any person, estate, public or private entity, or public official by reason of his or her refusal to perform, assist, counsel, suggest, recommend, refer, or participate in any way in any particular form of health care service which is contrary to the conscience of such physician or health care personnel.”

Proft is also known as the co-host of Chicago’s Morning Answer on AM 560 Chicago. A former Republican candidate for Illinois Governor, he attended Northwestern University and earned his J.D. from Loyola University Chicago.



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