After Cardinal Cupich, two orders of nuns, and a pharmacist sued the state of Illinois over its new assisted suicide law, a judge granted a temporary reprieve.
After Cardinal Blase Cupich, two orders of nuns, and a small-town pharmacist sued the state of Illinois over its new assisted suicide law, a judge granted a temporary reprieve.
While the new law took effect in Illinois on September 12, the plaintiffs are not required to comply with it while their case is being resolved. It is an open question, however, what the consequences will be for any health care providers in Illinois who are not personally part of the lawsuit.
Mother Mary Rose Heery, O. Carm., Prioress General of the Carmelite Sisters for the Aged and Infirm, expressed her relief, saying:
This agreement brings real peace of mind to our Sisters, our residents, and their families. It allows us to continue our vocation of showing Christ’s unbounded love to those who need it most—a love that endures in every circumstance and through every hardship. We’re grateful that nothing about the care we offer them will have to change.
Where things stand
Judge Franklin Valderrama issued a stipulated temporary restraining order on September 11 preventing the Illinois Department of Public Health and Illinois Department of Financial and Professional Regulation from forcing the plaintiffs and those providing care on their premises, and Catholic health care entities under Cardinal Cupich’s authority within the Archdiocese of Chicago, to participate in assisted suicide. Their noncompliance also cannot be treated as a basis for “liability, discipline or licensure action under any law.”
Cardinal Cupich, the Carmelite Sisters for the Aged and Infirm, the Little Sisters of the Poor, and pharmacist Luke Vander Bleek joined together in a federal lawsuit, Carmelite Sisters for the Aged and Infirm v. Prince, filed September 3. They are arguing that the Illinois End-of-Life Options for Terminally Ill Patients Act—called “Deb’s Law”—violates their religious freedom. The original lawsuit asked for a preliminary injunction, on which the judge has yet to rule.
According to the complaint, healthcare providers who oppose assisted suicide must still inform patients of the option, help them qualify for lethal drugs and then refer them to someone who will help them obtain the drugs. Pharmacists also are required to fill the prescriptions, regardless of personal belief. Healthcare providers who refuse to take part will face significant fines and penalties.
The Becket Fund for Religious Liberty is representing the plaintiffs. Becket has successfully represented plaintiffs in many religious freedom cases, including several involving the Little Sisters of the Poor.
Previously, on August 21, the same judge also issued a temporary restraining order for a similar suit involving Bishop Thomas Paprocki of Springfield, several Illinois physicians, and a Lutheran nursing home. More healthcare entities joined the suit as plaintiffs in September. The Thomas More Society, which is representing them, said in a statement:
Together, the new organizational plaintiffs represent over 95% of Catholic health institutions in Illinois and more than 13,000 health care professionals nationwide who object to the law’s mandates on conscience grounds.
Disability rights advocates and several persons with disabilities had filed a different lawsuit against the state of Illinois regarding the new law, arguing the law discriminates against people with disabilities. On September 10, a federal judge denied their motion to block the law from taking effect.
Plaintiffs relieved at temporary injunction
Cardinal Blase J. Cupich, archbishop of Chicago, said in a statement that the Church is not trying to impose its beliefs on others but seeking to protect the conscience rights of Catholics and others who oppose assisted suicide, saying:
I welcome this decision of the court that stays the enforcement of the provisions of the Illinois End-of-Life Options for Terminally Ill Patients Act (EOLOA) that require healthcare providers, against their conscience, to participate in assisted suicide by compelling them to inform patients of the “benefits” of suicide and their “right” to kill themselves, and also help them qualify for lethal drugs, or pass them along to someone willing to help them obtain those drugs. These obligations violate core constitutional protections of freedom of speech and religion. The law with these provisions must be struck down permanently. To be clear, the Church’s objection to this statute is not an attempt to impose Catholic teaching on non-Catholics; it is an effort to stop the State from compelling Catholic health care providers to violate their conscience.
Mark Rienzi, president of Becket and lead attorney for the healthcare providers, condemned the law while commending the state’s agreement to the court order, saying:
It’s hard to imagine a more blatant attack on religious freedom than forcing Catholic nuns to help people commit suicide. Illinois was right to agree to the court’s order. We look forward to ending this mandate for good and protecting the right of patients to spend their final days with those who will offer them compassionate, life-affirming care.