Illinois adds reproductive health choices to anti-discrimination law

SPRINGFIELD (WGEM) – Illinois’ Human Rights Act will soon protect people’s reproductive health decisions thanks to a new law taking effect Jan. 1, 2025.

“It amends the Human Rights Act to protect an individual’s reproductive health decisions from discrimination or retaliation in the context of employment, housing, public accommodations, education and financial credit,” said state Sen. Laura Fine, D-Glenview, the legislation’s Senate sponsor.

She said under the law, reproductive health decisions aren’t limited to pregnancy-related choices. Yes, someone’s past decision whether to get an abortion will be covered, but so will family planning choices like whether to take birth control, sterilization, whether to seek fertility treatments, or use holistic medicine or alternative medicine.

“It would be a violation, for example, for an employer to terminate an employee for seeking in vitro fertilization, a housing provider to refuse an apartment rental because a person had an abortion or a bank to deny a loan because it is going to be used for fertility treatments,” Fine said.

The law’s opponents fear it could limit people’s First Amendment rights. Though it has exemptions for religious organizations, it does not exempt groups like nonprofits that may have a faith-based mission but are not directly affiliated with a denomination.

“There is a right of association under the First Amendment and it allows the freedom to associate with other who have similar political, religious and cultural beliefs, and I fear that is exactly who this bill is targeting is organizations that aren’t affiliated with one religion but they are formed for a purpose and to associate with those who have a similar religious belief,” said state Sen. Jil Tracy, R-Quincy, citing a previous U.S. Supreme Court decision.

She said crisis pregnancy centers are an example of organizations that could be affected by the new law.

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