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A national anti-abortion religious organization is suing to block a new state law that requires family planning and pregnancy care centers to inform women of all of their options, including contraception and abortion, and that such services may be available to them for free or at low cost through state programs.
State lawmakers approved SB 501 on May 2, two days before the close of this year’s legislative session. The bill became Act 200 on Tuesday, when Gov. David Ige signed it into law.
The religious nonprofit organization National Institute of Family and Life Advocates and one of its Hawaii members, Calvary Chapel Pearl Harbor, filed a lawsuit in U.S. District Court on Wednesday to block the new law and have it declared unconstitutional. Calvary Chapel is an anti-abortion Christian church that operates A Place for Women in Waipio, which provides free medical and nonmedical anti-abortion information and services to women with unplanned pregnancies.
The lawsuit names as defendants Ige and state Attorney General Douglas S. Chin.
NIFLA and Calvary Chapel say Act 200 forces them to advertise abortion services because the law requires planning and care centers to provide clients and patients a written notice that includes the internet address of state social services that provide or refer women for abortions. They say that is a violation of their constitutional free speech and religious freedom rights.
The new law also imposes civil penalties for noncompliance of $500 for a first offense and $1,000 for each subsequent offense, yet provides no process to challenge the penalties. NIFLA and Calvary Chapel say that is a violation of their constitutional due process rights.
State lawmakers said in their committee reports that they approved SB 501 to ensure that everyone receives comprehensive, accurate and unbiased information to make fully informed decisions about their health. They said especially for women and their reproductive health, timely information is critical in making informed decisions.
A representative for the state Attorney General’s office said the state has not had time to review the lawsuit and declined comment.
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