New York AG appeals case against pregnancy centers’ freedom of speech

NEW YORK – Alliance Defending Freedom attorneys representing two nonprofit pro-life pregnancy centers and a nonprofit network of affiliated centers filed their response brief Monday with the U.S. Court of Appeals for the 2nd Circuit.

Over the past year, New York Attorney General Letitia James has taken action against 11 faith-based, life-affirming pregnancy centers in state court in an effort to silence their speech about the use of progesterone therapy to counteract the effects of the abortion drug mifepristone, a treatment that is commonly known as “abortion pill reversal.” Her enforcement action alleges—despite contrary evidence—that those centers are spreading “false and misleading” information in violation of state business fraud laws.

“Attorney General James may not like it, but the truth is that many women regret their abortions, and some change their minds after taking the first abortion drug and want to try and save their unborn baby’s life,” said ADF Senior Counsel Caleb Dalton. “Multiple women in New York have saved their babies from an in-progress chemical abortion because they had access to information through their local pregnancy centers about using safe and effective progesterone therapy. The attorney general can’t deny women the opportunity to even hear about this potentially life-saving option.”

In August 2024, the National Institute of Family and Life Advocates, Gianna’s House, and Options Care Center—who had ceased advocating for progesterone therapy to avoid prosecution—sued in federal court to protect their First Amendment right to tell women about the life-saving potential of progesterone therapy. A federal district court ruled in their favor, halting the attorney general from violating the centers’ freedom of speech while their case proceeded. James then appealed to the 2nd Circuit.

Progesterone is a safe and naturally occurring hormone that can often be successfully used to counteract the life-ending effects of the abortion drug mifepristone when taken in time. Multiple studies support the information the centers wish to provide women. The body uses progesterone naturally to sustain pregnancy, and medical professionals have safely and effectively used it for decades to prevent miscarriage and preterm labor.

Statistics show that progesterone therapy has likely saved over 6,000 unborn lives, and studies demonstrate a success rate of up to 64-68%. Yet the attorney general has sought to censor speech about this life-saving treatment by targeting life-affirming pregnancy centers based on the content and viewpoint of their speech. ADF attorneys explain that such actions violate the centers’ First Amendment freedom of speech.

“The [pregnancy care centers] support women at many different stages of motherhood, including women who are pregnant, postpartum, post-abortive, or even mid-abortion,” the response brief filed in National Institute of Family and Life Advocates v. James explains. “Some of these women regret their decision to begin the abortion-drug process, or have done so only under duress or by trick or force, and they seek a way to save their children’s life before their chemical abortions are complete. Progesterone therapy provides hope … [The pregnancy centers] believe they are compelled by their faith to help interested women save their children’s lives by referring them to licensed medical providers who can assess a woman and her child and, if appropriate, administer progesterone therapy.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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