| 2/9/2010 1:29:00 PM | Email this article • Print this article | Montgomery County Council passes bill regulating pro-life pregnancy centers
LAURA WRIGHT
Catholic Standard
Pro-life advocates are questioning the constitutionality of a contentious new regulation passed by the Montgomery County Council on Feb. 2 that targets pregnancy resource centers in the county.
The council passed the regulation seven to two - councilmembers Phil Andrews and Mike Knapp voted against it. The regulation requires pregnancy resource centers to post a sign in their waiting room that says there is no medical professional on staff and that the Montgomery County Health Officer encourages women who are or may be pregnant to consult with a licensed health care provider.
In its application, the regulation only applies to pro-life pregnancy centers. These centers include Birthright of Montgomery County in Wheaton, Centro Tepeyac in Silver Spring, and the Shady Grove Pregnancy Center in Rockville. They provide women with free services, including pregnancy tests, parenting classes, maternity and baby clothes and assistance connecting women with important resources. The archdiocese and many of its parishes provide material and volunteer support to the pregnancy centers.
The measure was amended from an earlier version that regulated pro-life pregnancy centers that do not refer clients for abortion or birth control. After a well-attended public hearing on the proposed regulation, councilmembers said they would look into the constitutionality of it.
Councilmember Duchy Trachtenberg (D-At Large), the regulation's chief sponsor, said she believed that they ironed out the constitutional issues in the Health and Human Services Committee and held "substantial conversations" with the county attorney's office. Nancy Floreen, president of the Montgomery County Council, also contended that the constitutional concerns had been addressed in committee.
But the Archdiocese of Washington's legal analysis asserts there are still significant constitutional issues that the council hasn't addressed in the amended version of the regulation.
According to the analysis, the regulation would violate the First Amendment's protection of free speech because "to compel speech burdens free speech."
And although the regulation seems to be neutral regarding a center's viewpoint on abortion, it will still only apply to pro-life centers and unconstitutionally single them out, the analysis said.
An Archdiocese of Washington statement said the regulation is "unwarranted and unfair."
"The regulation does not apply to other situations where pregnant women may seek assistance, such as county social workers, high school guidance counselors or teachers," the statement said.
Christa Lopiccolo, director of life issues for the Archdiocese of Washington, said in the statement that the regulation is unnecessary.
"The fact is local pregnancy resource centers provide indispensable and compassionate practical support for women. They are an important resource. No complaints have been filed with the county against these centers and no documentation has been provided indicating a need for a new regulation. Rather, this is part of a national effort to undermine the centers' good work solely because of their beliefs," she said.
The pro-choice lobby pushed for this regulation in some of Maryland's county councils following the defeat of a similar bill in the state legislature in 2008. In November, the Baltimore City Council passed a law requiring pregnancy centers to post signs stating that they do not provide abortions or birth control. Two weeks ago, the Virginia House and Senate subcommittees defeated similar legislation.
Lopiccolo said, "Far too often, women who are pregnant don't know where to turn or what resources are available to help them carry their babies to term. These centers provide critical support to women and their children at a vulnerable time."
In January, the three bishops heading Catholic dioceses in Maryland, including Washington Archbishop Donald Wuerl, issued a statement in support of Maryland pro-life pregnancy centers. The statement - Set Out in Haste: Serving Women, Serving Life - addressed the legislative and regulatory efforts aimed at the centers noting they "...are particularly abhorrent because they mandate compelled speech only for those centers that are pro-life and only because they are pro-life, in complete disregard of the respected and valuable assistance pregnant women receive from them. The message these proposals send is disturbing: Failure to provide abortion or contraception, even when based on deeply-held moral beliefs, is an activity that merits regulation and, if necessary, punishment."
The full statement is online at www.mdcathcon.org .
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