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Illinois

Counseling Ban/Gag Rule

Grants provided by the Department of Health Services to nonprofit agencies and organizations under the "Problem Pregnancy Health Services and Care Act," which is designed "to expand and improve the availability of, and access to, needed comprehensive community services which assist problem pregnancies and to obtain proper care and assistance to those persons in need," may not be used to refer or counsel for abortion.  410 Ill. Comp. Stat. Ann. 230/1-100 (Enacted 1979; Last Amended 1991), 2-100 (Enacted 1979), 3-101 (Enacted 1979; Last Amended 1997), 4-100 (Enacted 1979; Last Amended 1984); Ill. Admin. Code tit. 77, § 655.10.

A court held that a previous version of this law that prevented organizations that referred or counseled for abortion from receiving state problem-pregnancy funds was unconstitutional.  In addition, the court held that the previous version's counseling restriction unconstitutionally "manipulate[d] the information available to pregnant women."  Planned Parenthood Ass'n-Chicago Area v. Kempiners, 568 F.Supp. 1490 (N.D. Ill. 1983).

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