Supreme Court takes up appeal from New Jersey faith-based pregnancy centers

WASHINGTON (OSV News) -- The Supreme Court said June 16 it will hear an appeal from a group of faith-based pregnancy centers in New Jersey challenging an investigation by that state's attorney general alleging they misled people about their services and seeking information about their donors.

First Choice Women's Resource Centers operates five centers in the Garden State that provide some medical services, including ultrasounds, to women with unplanned pregnancies. The organization states on its website that it works to "equip women and men to make informed pregnancy decisions" about a range of options.

"First Choice Women's Resource Centers is an abortion clinic alternative that does not perform or refer for termination services," it states.

New Jersey Attorney General Matthew Platkin in 2023 moved to investigate First Choice, alleging they misrepresented themselves to clients as if their services included referrals for abortion. As part of his probe, he issued a subpoena seeking information including about its donors -- but before the expiration date, First Choice asked a federal court to intervene on its behalf, arguing the probe violated its First Amendment rights.

A key question in the case the justices will consider is whether First Choice must first pursue its claims in state court.

Erin Hawley, senior counsel at Alliance Defending Freedom -- a legal organization representing First Choice -- and vice president of ADF's Center for Life and Regulatory Practice, said in a June 16 statement, "New Jersey's attorney general is targeting First Choice -- a ministry that provides parenting classes, free ultrasounds, baby clothes, and more to its community -- simply because of its pro-life views."

"The Constitution protects First Choice and its donors from unjustified demands to disclose their identities, and First Choice is entitled to vindicate those rights in federal court," added Hawley, who also is the wife of Sen. Josh Hawley, R-Mo.

In a statement, Platkin argued that First Choice "has for years refused to answer questions about their operations in New Jersey and the potential misrepresentations they have been making, including about reproductive healthcare."

"We issued a lawful subpoena in November 2023 to ensure that First Choice was complying with all relevant state laws," he said. "Non-profits, including crisis pregnancy centers, may not deceive or defraud residents in our State, and we may exercise our traditional investigative authority to ensure that they are not doing so -- as we do to protect New Jerseyans from a range of harms."

Platkin argued First Choice "is looking for a special exception from the usual procedural rules as it tries to avoid complying with an entirely lawful state subpoena, something the U.S. Constitution does not permit it to do."

"No industry is entitled to that type of special treatment -- period," he said.

But Hawley argued the First Amendment "protects First Choice's right to freely speak about its beliefs, exercise its faith, associate with like-minded individuals and organizations, and continue to provide its free services in a caring and compassionate environment to people facing unplanned pregnancies."

"The lower courts have wrongly held that First Choice is relegated to state court to present its constitutional claims," she said. "We are looking forward to presenting our case to the Supreme Court and urging it to hold that First Choice has the same right to federal court as any other civil rights plaintiff."

The high court will hear the case during its 2025-2026 term.

Kate Scanlon is a national reporter for OSV News covering Washington. Follow her on X @kgscanlon.