Issue Overview

The Unregulated Pregnancy Clinic (UPC) industry is large and widespread. More than 2,600 pregnancy centers operate in all 50 states,175 most of which affiliate with one or more of three national organizations: Care Net, Heartbeat International, and National Institute of Family and Life Advocates (NIFLA).
Over the past three years, [State] has granted $XXXX to pregnancy centers. XX pregnancy centers operate in [State], and XX has received funding from the state. However, there is little transparency in the grant reporting or accounting process.

Overwhelmingly, [insert what the state calls UPCs] are religion-based nonprofits or subsidiaries of a church. The umbrella groups that help direct the programming for these centers – Care Net, Heartbeat International, and National Institute of Family and Life Advocates (NIFLA) – are Christian organizations. Religious organizations may provide medical or social programs in [State], as long as they don’t violate their clients’ rights to freedom of religion.

Some [insert what the state calls UPCs] require participation in religious programming. Specifically, some condition the provision of services or material resources like diapers, packs of baby wipes, baby clothing outfits, car seats, strollers, cribs, or containers of baby formula on a requirement that clients attend classes or other center programming with religious content.¹⁷⁶

[State] is dedicated to religious freedom, which, by definition, means the state will not compel religious participation. Compelling clients to attend or participate in religious instruction is not a proper use of state funds.

Taxpayer dollars should not be wasted or misallocated. The legislature and the state administration have an obligation to ensure that funds granted to any nonprofit are spent efficiently and effectively. The American Medical Association urges that: “public funding only support programs that provide complete, non-directive, medically accurate health information to support patients’ informed, voluntary decisions.”¹⁷⁷

SECTION 1. SHORT TITLE

This Act shall be called the “Religious Freedom in Reproductive Health Act.”

SECTION 2. FINDINGS

The legislature finds that:

1. [Insert what the state calls UPCs], also known as “crisis pregnancy centers,” operate in all 50 states, the vast majority of which are affiliated with one or more of three national organizations: Care Net, Heartbeat International, and National Institute of Family and Life Advocates (NIFLA).
   
   
2. Nationally, there are more than 2,600 of these facilities and, between 2019 and 2022 alone, that industry received over $5.6 billion in revenue, spent over $4.9 billion in expenses, and held $2.3 billion in assets.
   
   
3. Overwhelmingly, [insert what the state calls UPCs] are religion-based nonprofits. Religious organizations may be program providers in [State], as long as they don’t violate their clients’ rights to freedom of religion.
   
   
4. While many [insert what the state calls UPCs] do not overtly push religious instruction as part of their programs, some do. Specifically, some condition the provision of pregnancy tests, ultrasounds, STD/STI tests, pregnancy counseling, student sexual risk education, parenting education, or the provisions of diapers, packs of baby wipes, baby clothing outfits, car seats, strollers, cribs, or containers of baby formula on a requirement that clients attend classes or watch videos that include religious instruction.
   
   
5. Compelling clients to attend or participate in religious instruction is not a proper use of state funds.

SECTION 3. FREEDOM OF RELIGION IN THE USE OF GRANT FUNDS

After section XXX, the following new section XXX shall be inserted:

1. A [insert what the state calls CPCs] shall not qualify for a state grant under any program if the grantee conditions a client’s receipt of any services or products on a requirement that clients attend classes or watch videos that include religious instruction.
   
   
2. Any grantee that fails to comply with the requirement in this subsection shall be prohibited from applying for any state funding for a six-month period beginning the day after the last instance of noncompliance.

SECTION 4. EFFECTIVE DATE
This law shall become effective on July 1, 20XX.