The Illinois House late Wednesday narrowly passed two key Democrat-backed pieces of legislation: the creation of COVID-19 exceptions to the Health Care Right of Conscience Act (HCRCA) and the repeal of the state’s abortion parental notification law.
The House voted 64-52 to pass an amended version of SB1169 (Fine). House Sponsor Robyn Gabel (D-Evanston) said the bill would correct the misuse of a state law that was established decades ago primarily to prevent health care providers from being forced to provide abortions.
“Contrary to rampant misinformation campaigns, this bill is not a vaccine mandate. In fact, it does not require anyone to do anything. As the bill itself says, this is simply a declaration of existing law and shall not be construed as a new enactment. … the bill before us today simply clarifies the well-established legislative intent of the Health Care Right of Conscience Act,” Gabel said.
House Amendment 3 to SB1169 makes a change within Illinois’ HCRCA, the law that allows individuals to object to receiving or participating in health care services on moral or religious grounds. The bill would specifically exempt treatments such as vaccines that prevent the contraction or transmission of COVID-19.
In other words, individuals could no longer legally use a moral or religious argument to skirt a COVID-19 vaccine or testing requirement. The change is supported by health care groups including Illinois Hospital Association and opposed by religious organizations, including the Catholic Conference of Illinois.
“The best approach to the challenges created by sincere conscience objections is not to simply eliminate the right to make conscience objections, but rather to formulate reasonable accommodations that both respect the right of conscience and protect health care workers and patients. The citizens of this State do not have to choose between violating their consciences and maintaining a safe environment for workers; we can do both. In cases involving sincere conscience objections under the HCRCA, we can accomplish this by requiring stringent testing, masking, and appropriate distancing,” the Catholic Conference wrote in a letter to Gov. Pritzker earlier this month.
Seven Democrats voted against the bill: Reps. Carol Ammons (D-Champaign), Kelly Burke (D-Oak Lawn), John D’Amico (D-Chicago), Anthony DeLuca (D-Chicago Heights), Mary Flowers (D-Chicago), Ann Hurley (D-Chicago), and Stephanie Kifowit (D-Aurora). Two voted present: Reps. Angelica Guerrero-Cuellar (D-Chicago) and Rita Mayfield (D-Waukegan).
Republicans on the floor opposed the measure, saying it simply would force vaccination upon Illinoisans and is an extension of the governor’s misuse of his authority where, instead, the Legislature should be taking more direct control. They noted that over 50,000 opponent witness slips were submitted for House Amendment 2, which was largely similar to House Amendment 3. Witness slips were not able to be filed on House Amendment 3.
“This is absolutely atrocious. This is unbelievable that we're considering this on the House floor. This is not about the health care right of conscience. This is about the last 18 months of unilateral authority from the governor. … They want to remove this so they can force vaccination on us,” said Rep. Adam Niemerg (R-Teutopolis).
In response to a question from Rep. Dan Ugaste (R-Saint Charles) about the effective date on the bill, Gabel said it would become effective June 1, 2022, but the legislative intent of the bill would likely have immediate impacts.
Rep. Deanne Mazzochi (R-Westmont) led a long line of questions pointed at whether or not Gabel’s amendment would constitute a substantial change to the law, or, as Gabel contended, a clarification of the law. Mazzochi said that creating a carve-out specifically for COVID-19 in the law would be unprecedented.
“This is an unprecedented effort to backdoor a vaccination mandate without any lines of accountability, including at the Legislature, and without any escape valve for religious liberty. Every other vaccine mandate we have in the state of Illinois is specific, limited, and was passed by the Legislature after years of conclusive scientific proof of beneficial outcomes, and they all still allow for religious exemption or independent proof of immunity to satisfy the statute,” she said.
The bill now goes to the Senate for concurrence.
The House voted 62-51 to approve Senate amendments to HB370 (Gong-Gershowitz), which would repeal the Parental Notice of Abortion Act of 1995, which requires health care providers to notify the parents or guardian of minor seeking an abortion 48 hours before performing the procedure.
Six Democrats voted against the bill: Reps. William Davis (D-Hazel Crest), Anthony DeLuca (D-Chicago Heights), Sue Scherer (D-Decatur), Lawrence Walsh (D-Joliet), Lance Yednock (D-Ottawa), and Michael Zalewski (D-Riverside). Three other Democrats voted present: Kelly Burke (D-Oak Lawn), Fred Crespo (D-Streamwood), and Ann Hurley (D-Chicago).
Sponsor Rep. Anna Moeller (D-Elgin) explained that the parental notification law places an “unfair and dangerous burden” on pregnant minors.
“The reasons for repeal are many. The vast majority of young people voluntarily tell a parent about an unplanned pregnancy, and those who cannot tell a parent often involve other family members or trusted adults. The minority of young people who are not able to talk to their parents have serious reasons for not doing so, such as fear of physical or emotional abuse, loss of financial support or homelessness, fear of being forced to give birth against their will, or serious family problems such as a parent who is sick or in prison,” she said.
House Republicans, like their Senate counterparts, decried the bill as an attack on the rights of parents to raise their children as they see fit and be involved in important life decisions.
Rep. Avery Bourne (R-Litchfield) said that polling shows 72 percent of Illinoisans, most of whom are pro-choice, support notifying a parent or guardian if a minor is seeking an abortion, meaning the issue cuts across traditional pro-choice or pro-life. She said she would prefer that parents are involved, regardless of how they feel about abortion as an issue.
“For parents who've been notified that their minor daughter is considering an abortion, and they support it, I want them to know. I want them to be able to drive their daughter to the abortion clinic. I want them to be there to care for that daughter afterwards. I want them to know, just as much as I want a parent to know who may be pro-life who may vehemently disagree with that decision. I still want them to support their daughter in that decision. I want them to be there for them,” Bourne said.
Rep. Kelly Cassidy (D-Chicago) said that the parental notification act is a “gaping hole” in the state’s protective firewall for reproductive rights.
“We are seeing, anti-abortion politicians all across the country seeking to curb our access to abortion for anyone and everyone. They literally want to just force us all to keep every pregnancy to term regardless of what's happening, regardless of the risks to our lives. Illinois is different, and it's going to stay different. We're going to finish that work today by closing the loophole in our in our firewall,” Cassidy said.
House Speaker Chris Welch (D-Westchester) praised the bill’s passage in a statement.
“Repealing the Parental Notification Act has been a priority of mine for many years and I am incredibly proud to see it cross the finish line tonight," Welch said in a statement. "I want to congratulate Representative Anna Moeller for all of her hard work, as well as the many advocacy organizations who have joined us in this fight to ensure accessible reproductive healthcare for all."
Planned Parenthood Illinois Action also praised the passage of the legislation.
“By passing the Youth Health and Safety Act, Illinois has ensured that young people can choose to involve the people they trust in their health care decisions and are protected from harmful domestic situations and unnecessary judicial interactions. In short, all Illinoisans, regardless of age, now have the full legal autonomy to make decisions about what’s best for their bodies. We look forward to Governor Pritzker upholding his promise to sign this bill when it crosses his desk,” Jennifer Welch, president and CEO of Planned Parenthood Illinois Action, said in a statement.
The bill now heads the governor’s desk, where he has indicated that he will sign the legislation.
Allison Richard
Legislative Consultant