Illinois has temporarily agreed not to enforce a new assisted suicide law against Christian doctors and Catholic entities that argue the law violates their religious convictions and constitutional rights.
The agreement comes less than a month before the End-of-Life Options for Terminally Ill Patients Act is scheduled to take effect Sept. 12. The law allows terminally ill patients to request medication to end their lives after making an oral or written request in the presence of at least two witnesses who attest that the patient has the mental capacity to make the decision and is not being coerced.
Catholic entities and Christian physicians challenged the law in federal court, arguing that it requires healthcare providers who object to assisted suicide on religious grounds to participate in the process.
On Aug. 21, U.S. District Judge Franklin U. Valderrama of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order preventing state officials from enforcing the law against the plaintiffs while the court considers their request for a preliminary injunction.
Under the order, Mario Treto, secretary of the Illinois Department of Financial and Professional Regulation, and Sameer Vohra, director of the Illinois Department of Public Health, agreed not to enforce the law against Bishop Thomas Paprocki of the Roman Catholic Diocese of Springfield, the Lutheran Care Center and several Catholic physicians.
The dispute centers on provisions of the law governing healthcare professionals and entities that are “unable or unwilling to carry out an individual’s request for aid in dying.”
Rather than simply allowing providers to opt-out, the law requires objecting healthcare professionals and entities to refer patients to a healthcare professional who is willing to assist the patient in seeking assisted suicide.
The law also prohibits actions that seek to “prevent a qualified patient, in a manner that conflicts with the Health Care Right of Conscience Act, from obtaining or self-administering medication pursuant to this Act.”
The plaintiffs argue that those requirements place healthcare professionals in the position of promoting or facilitating assisted suicide despite their religious convictions.
Their lawsuit alleges that requiring them to advise patients about assisted suicide, provide referrals to providers willing to participate or refrain from discouraging patients from pursuing assisted suicide violates their constitutional rights.
Specifically, the plaintiffs allege violations of the First Amendment’s protections for free speech and free exercise of religion, and the 14th Amendment’s guarantee of due process.
The lawsuit also raises claims under the First Amendment’s Church Autonomy Doctrine, the Americans with Disabilities Act and the U.S. Constitution’s Supremacy Clause.
The plaintiffs are asking the court to prohibit Illinois officials from enforcing the law against them, including provisions they argue would require them to promote the “benefits” of “aid in dying” or refer patients to providers willing to help them obtain assisted suicide.
They are also seeking a declaration that the law is unconstitutional, along with nominal damages and attorneys’ fees.
Dr. Mary Keen Kirchoff, one of the plaintiffs, said the temporary order allows her to return her attention to caring for patients without the immediate threat of losing her medical license or facing financial or criminal penalties for refusing to participate in assisted suicide.
“For months I’ve faced the real possibility that I could lose my license, be fined, or even face criminal charges simply for refusing to promote or refer patients toward death,” Kirchoff said.
“I’m relieved the state agreed to pause enforcement while the courts weigh in, and I’m grateful I can keep practicing medicine according to my integrity and my faith without that threat hanging over me — for now,” she added.
The Thomas More Society, which represents the plaintiffs, praised the agreement as an important first step in the case.
Thomas More Society Executive Vice President and Head of Litigation Peter Breen accused Illinois of using the new law to force religious healthcare providers to cooperate with what he called the state’s “suicide promotion scheme.”
“No government has the power to tell a bishop what is or isn’t moral or to require doctors to violate their oath to respect and protect human life,” Breen said.
“This is a critical first victory for these faithful doctors, for Bishop Paprocki’s Catholic hospitals, and for the Lutheran Care Center,” he added. “We will not rest until Illinois’ immoral and coercive assisted suicide mandate is struck down for good, and every doctor and health care ministry in the state is free to heal without fear of the State’s deadly agenda.”
The temporary order doesn’t resolve the underlying constitutional questions. The court is expected to consider the plaintiffs’ request for a preliminary injunction before determining whether Illinois can enforce the disputed provisions against them.
Ryan Foley is a reporter for The Christian Post. He can be reached at: [email protected]
