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The reversal, which came after a U.S. district court found that the law was likely discriminatory and therefore unconstitutional, allows faith-based pregnancy centers to focus on their lifesaving work without fear of government threats and punishment.
A federal lawsuit challenging a Vermont law regulating pro-life pregnancy centers has been dismissed after state officials amended the statute to address concerns raised by the plaintiffs.
The National Institute of Family and Life Advocates (NIFLA), along with Aspire Now in Williston and Branches Pregnancy Resource Center in Brattleboro, filed the suit in July 2023. The plaintiffs argued that Vermont’s Senate Bill 37 (SB 37), which had taken effect in May 2023, unconstitutionally targeted “limited-services pregnancy centers” by restricting their speech and dictating how they could operate.
Specifically, the law prohibited what it called “deceptive acts or practices” by centers that do not offer abortions or emergency contraception, including advertising that could be considered false or misleading. It also limited the scope of services non-licensed individuals could provide, effectively barring some staff at pregnancy resource centers from offering non-medical counseling, advice, or information on abortion reversal treatments.
The law essentially claimed that pregnancy centers that neither perform nor refer for abortions were unqualified to say they assist pregnant women. It subjected these pro-life centers to potential fines of up to $10,000 if their advertisements were deemed misleading by Vermont’s pro-abortion attorney general. The restrictions applied solely to pro-life organizations, while abortion providers offering similar information were not held to the same standard.
“Women who become unexpectedly pregnant should know they have life-affirming options available to them, from emotional support to practical resources, which is exactly what our clients offer,” said Julia Payne Koon, legal counsel for Alliance Defending Freedom (ADF), which represented the plaintiffs.
“We’re pleased that Vermont recognized it needed to amend its discriminatory law that unlawfully targeted faith-based pregnancy centers and restricted their ability to speak and act according to their conscience,” she added. “Pregnancy centers must be free to serve and empower women and their families by offering the support they need without fear of unjust government punishment.”
ADF argued that the law violated both the First Amendment’s protections of free speech and the Fourteenth Amendment’s guarantee of equal protection under the law. The plaintiffs said that the statute singled them out based on their pro-life views, penalizing their efforts to offer counseling, ultrasounds, and other services aimed at helping women carry their pregnancies to term.
In June 2024, a federal district court agreed to let the lawsuit proceed, rejecting the state’s motion to dismiss. In its ruling, the court stated that the plaintiffs had raised credible claims that the law may be both vague and discriminatory in its application.
That decision prompted Vermont lawmakers to reconsider the language of SB 37. Working with legal counsel and under pressure from civil liberties advocates, the state amended the statute to remove or revise provisions seen as constitutionally questionable. Among the key changes were clarifications to the definition of “deceptive practices,” removal of content-specific language, and updates to ensure non-medical staff could continue to provide certain services with proper disclosure.
Following the revisions, the state reached a settlement with the plaintiffs. On May 29, the parties filed a joint stipulation of dismissal in federal court, ending the litigation without a trial or a formal ruling on the constitutionality of the original law.
Anne O’Connor, NIFLA’s vice president of legal affairs, stated,
“Pregnancy centers are no longer under direct threat from the law and pro-abortion lobby in Vermont. For this, NIFLA celebrates; however, if in the future the state again decides to unconstitutionally pursue the work of pro-life pregnancy centers, NIFLA stands ready to take Vermont back to court and seek appropriate relief.”
A representative for Aspire Now added, “We’re relieved that we can go back to focusing on what we’ve always done—serving women with compassion, dignity, and support.”
Meanwhile, both sides continue to monitor how similar regulations are unfolding in other jurisdictions, with legal advocates preparing for what is likely to be a continuing clash over the future of pregnancy-related speech and care in the post-Roe era.
The legal dispute in Vermont over pro-life pregnancy centers is only the latest in the growing tension between a biblical view of life and a culture that often elevates abortion as the solution to crisis pregnancies. At the heart of this controversy is a simple question: Do faith-based organizations have the freedom to offer life-affirming alternatives to abortion without government interference?
From a Christian perspective, the answer must be a resounding yes. Scripture teaches that every human life is made in the image of God (Genesis 1:27), and that includes the preborn. Proverbs 31:8 commands believers to “speak up for those who cannot speak for themselves,” and pro-life pregnancy centers do exactly that, offering compassionate support to women in difficult circumstances while upholding the sanctity of life.
The Vermont law, as initially written, effectively punished these ministries for refusing to promote or refer for abortion. It labeled their speech as “misleading” simply because it did not align with the state’s pro-abortion agenda. Yet the Gospel compels Christians to “rescue those being led away to death” (Proverbs 24:11), and that mission includes not only saving unborn lives but also serving and loving the mothers carrying them.
This legal battle also reminds us that truth and love must walk hand in hand. Pregnancy centers are not deceiving women. They offer free ultrasounds, parenting classes, baby supplies, and spiritual counseling, embodying James 1:27 by caring for the vulnerable in their time of distress.
As Christians, we must remain vigilant in protecting religious liberty and the right to speak the truth in love (Ephesians 4:15), especially when it comes to defending life. We should pray for and support ministries like Aspire Now and Branches Pregnancy Resource Center, who faithfully serve women in need and advocate for policies that protect the unborn and the freedom of those called to serve them.
PHOTO: The reception area for Branches Pregnancy Resources Center in Brattleboro, Vermont, one of several pro-life organizations that challenged Vermont’s pro-abortion law. CREDIT: Alliance Defending Freedom
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