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Health Care Right of Conscience Act Still Protects Your Right to Refuse COVID-19 Vaccination & Testing

Written by Austin Scott Davies

Article II Section 1 of the Illinois Constitution provides that “[t]he legislative, executive and judicial branches are separate. No branch shall exercise powers properly belonging to another. Article VI Section 1 provides that “[t]he judicial power is vested in a Supreme Court, an Appellate Court and Circuit Courts.”

With the passage of Senate Bill 1169 (SB 1169), Governor JB Pritzker and his cronies have attempted to usurp the exclusive power of the judicial branch of government.

To fully appreciate what Illinois Democrats have done here, let’s first examine the Health Care Right of Conscience Act. The legislators who passed The Health Care Right of Conscience Act (“HCRCA”) included within it a policy statement so that it would be abundantly clear to all Illinoisans what their intent was. The pertinent part reads,

The General Assembly finds and declares that people and organizations hold different beliefs about whether certain health care services are morally acceptable. It is the public policy of the State of Illinois to respect and protect the right of conscience of all persons who refuse to obtain, receive or accept, or who are engaged in, the delivery of, arrangement for, or payment of health care services and medical care whether acting individually, corporately, or in association with other persons; and to prohibit all forms of discrimination.

The HCRCA prohibits any discrimination against those refusing to receive health care services that are contrary to his or her conscience. It states as follows:

It shall be unlawful for any person, public or private institution, or public official to discriminate against any person in any manner, including but not limited to, licensing, hiring, promotion, transfer, staff appointment, hospital, managed care entity, or any other privileges, because of such person’s conscientious refusal to receive, obtain, accept, perform, assist, counsel, suggest, recommend, refer or participate in any way in any particular form of health care services contrary to his or her conscience.

Discrimination by employers or institutions is specifically prohibited again in another part of the act:

It shall be unlawful for any public or private employer, entity, agency, institution, official or person, including but not limited to, a medical, nursing or other medical training institution, to deny admission because of, to place any reference in its application form concerning, to orally question about, to impose any burdens in terms or conditions of employment on, or to otherwise discriminate against, any applicant, in terms of employment, admission to or participation in any programs for which the applicant is eligible, or to discriminate in relation thereto, in any other manner, on account of the applicant’s refusal to receive, obtain, accept, perform, counsel, suggest, recommend, refer, assist or participate in any way in any forms of health care services contrary to his or her conscience.

Now, let’s turn to why the HCRCA has been put in the spotlight. Governor Pritzker, who has been attempting to rule the State of Illinois by executive fiat since the spring of 2020 under the guise of COVID-19 mitigation measures, has been recently losing in court.

The governor’s “mandate” that employers require vaccination or testing of all employees has been enforced voluntarily by many public and private employers, despite there being nothing in Illinois law to provide for enforcement of these executive orders. As a result, the HCRCA has been successfully used to obtain restraining orders against those mandating COVID-19 related mRNA injections and testing for COVID-19, without exemption for those who object to receiving that health care based on their moral beliefs.

All Illinois laws that require other vaccines provide for exemptions based either on religion or on proving that you have natural immunity from already contracting whatever disease the inoculation is intended to prevent. Pritzker’s “mandates” are different, because there are no exemptions provided for in state law when an employer requires you to receive a COVID-19 shot, and never has there been a requirement that otherwise healthy people receive a test for a disease that they have no suspicion of having in order to coerce someone to receive an unwanted vaccine. For those reasons, the HCRCA’s protections have been the last line of defense against these tyrannical mandates.

That’s why the governor, through his cronies in the legislature, tried to rush through SB 1169 during the fall veto session. In less than 24 hours, from October 25-26, the first (HFA 2) amendment to the original shell bill, which is similar to what was ultimately passed, received over 50,000 witness slips in opposition.

On October 27, the bill was amended again by Illinois House Floor Amendment 3 with no substantive changes, likely so that it could be sent to the Illinois Senate to concur without having all those opposing witness slips attached. Constituents took notice of this maneuver, and within only a couple of hours filed tens of thousands of witness slips in opposition to SB 1129 as amended by HFA 3.

The full text of SB 1169 reads:

It is not a violation of this Act for any person or public official, or for any public or private association, agency, corporation, entity, institution, or employer, to take any measures or impose any requirements, including, but not limited to, any measures or requirements that involve provision of services by a physician or health care personnel, intended to prevent contraction or transmission of COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations. It is not a violation of this Act to enforce such measures or requirements. This Section is a declaration of existing law and shall not be construed as a new enactment. Accordingly, this Section shall apply to all actions commenced or pending on or after the effective date of this amendatory Act of the 102nd General Assembly. Nothing in this Section is intended to affect any right or remedy under federal law.

It may not be readily apparent what the governor is trying to do here. It might appear that through this bill, the legislature was amending the HCRCA to carve out an exception that would remove its protection of people’s right to object based on their conscience to unwanted health care related to COVID-19.

However, that’s not what the legislature did here. By including in the bill the sentence, “This Section is a declaration of existing law and shall not be construed as a new enactment,” this renders what would otherwise be an exception for COVID-19 nothing more than a resolution and statement from this general assembly of what they believe was the intent of the previous legislature that enacted the Health Care Right of Conscience Act and its other amendments. Resolutions are merely statements of opinion. They aren’t amendments, and they certainly don’t change the law.

The absurdity of this is astounding. The legislature here has said that they believe that the HCRCA, which states that “[i]t is the public policy of the State of Illinois to respect and protect the right of conscience of all persons who refuse to obtain, receive or accept … health care services and medical care … and to prohibit all forms of discrimination,” meant to say something like “except if it relates in any way to COVID-19.” Not only is this absurd and contrary to the plain language and ordinary meaning of the HCRCA, but also this is an unconstitutional attempt of the legislature to take on the role of the judiciary by interpreting what the intent of the HCRCA is.

In Illinois House and Illinois Senate debates when Republicans argued for the preservation of Illinoisans’ rights and of the HCRCS, Democrats and the Office of the Attorney General admitted that this bill came from the Governor. They admitted that the Attorney General needed his legislation to pass to help him in his fight against the people of Illinois using the HCRCA to protect their natural, God-given right to refuse health care based on their conscience.

What they didn’t admit, is that Senate Bill 1169 was meant to confuse the people of Illinois and coerce them into complying with mandates that they have no legal obligation to follow. The Illinois constitution prevents the Illinois legislature from interpreting the intent of the HCRCA. Only the courts have the power to interpret statutes and Illinois courts have given every indication that they believe the intent of the HCRCA was to protect all people in Illinois from receiving health care in violation of their conscience.

The Health Care Right of Conscience Act still protects your right to refuse COVID-19 related health care based on your conscience.


Austin Scott Davies is an attorney and founder of Midwest Legal Care , former prosecutor, and an active member of the Winnebago County Republican Party. He is also a board member for Concerned Citizens for America, a local chapter of Illinois Family Institute.

The information contained in this article is not legal advice and is for general information purposes only. Do not act or refrain from acting on the basis of this information. Readers should contact an attorney to obtain advice with respect to any legal matter.





The Health Care Right of Conscience Act & COVID-19

State Representatives Robyn Gabel (D-Evanston), Bob Morgan (D-Highwood) and State Senator Melinda Bush (D-Grayslake) are sponsoring legislation (SB 1169) to diminish the Illinois Health Care Right of Conscience Act, specifically for COVID-19 remediation. In other words, these state lawmakers are heading up the effort to strike down existing legislation that protects citizens’ rights to excuse themselves from the COVID-19 vaccine mandate.

The proposal is narrowly designed for this current pandemic in order to get enough votes to pass in the veto session, but it sets a dangerous precedent for future public health “emergencies” by cherry picking out the current pathogen of the moment. The new proposal simply states:

Sec. 13.5. Violations related to COVID-19 requirements. It is not a violation of this Act for any person or public

official, or for any public or private association, agency, corporation, entity, institution, or employer, to take any

measures or impose any requirements, including, but not limited to, any measures or requirements that involve

provision of services by a physician or health care personnel, intended to prevent contraction or transmission of

COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations. It is not a violation of

this Act to enforce such measures or requirements, including by terminating employment or excluding individuals

from a school, a place of employment, or public or private premises in response to noncompliance.

This Section is a declaration of existing law and shall not be construed as a new enactment. Accordingly,

this Section shall apply to all actions commenced or pending on or after the effective date of this amendatory

Act of the 102nd General Assembly. Nothing in this Section is intended to affect any right or remedy under federal law.

This is a top priority for Governor JB Pritzker and other Illinois Democrats. They are frustrated with the fact that their tyrannical vaccine mandate has a strong legal defense in the Health Care Right of Conscience Act. In order to fire people from their jobs (private or public) for failing to comply with this “medical” dictate, this conscience protection must be eliminated.

Take ACTION: Click HERE to fill out a witness slip in OPPOSITION to SB 1169, House Floor Amendment 2.

Witness Slip Instructions:

Section I. Enter your name, address, city and zip code. You can leave Firm/Business and Title blank. If it won’t allow you to leave them black, enter self.

Section II. Leave it blank if you are not representing a group, or enter self.

Section III. Check that you are an Opponent to this feckless proposal.

Section IV. Unless you are filing a written statement, select Record of Appearance Only.

Lastly, check that you agree to the terms of agreement.

Click Create (Slip).

If passed, SB 1169 would take effect immediately. It needs 71 votes to pass in the Illinois House and 36 votes in the Illinois Senate, however. Even with super majorities of Democrats in both chambers, securing those votes will not be an easy accomplishment. Please pray that our state lawmakers understand what is at stake here!

Thank you for taking action!


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This Rockford Nurse Lost Her Job Because of Her Pro-life Beliefs

Written by Charles Snow 

When Sandra (Mendoza) Rojas walked into a local children’s home at 17 years old, she discovered her calling. “Right there and then I knew I wanted to be a nurse and to take care of children. I knew that was my calling, and I knew that is what I was born to be—a pediatric nurse.”

For nearly 40 years, Sandra devoted herself to pediatric healthcare. She loved to help rid children of their pain, and she loved their smiling faces.

For 18 of those years, she served as a nurse with the Winnebago County Health Department in Illinois.

In 2015, a new requirement put Sandra into a difficult position. The requirement forced nurses to undergo training on how to refer women to abortion facilities and help them access abortion-inducing drugs.

“I was given two choices: to violate my faith and my oath to do no harm, or to lose my job in the clinic.”

Ultimately, Sandra stood by her conscience and her faith. And she lost her job.

“Nursing is more than just a job, it is a noble calling to protect life and do no harm,” Sandra has said. “There is something terribly wrong when you are forced out of your job on account of your commitment to protect life.”

Sandra’s job loss had nothing to do with her competency as a nurse. She had been Employee of the Quarter and Employee of the Month.

Instead, she lost her job for doing what she loved—caring for each and every child, born or unborn. With her loss of income, she lost the ability to support her family. She could no longer pay for her son’s college education. But Sandra has no regrets: “I believe I did make the right decision and I would never change it.”

Thankfully, Illinois law protects pro-life medical professionals. Sandra filed a lawsuit against the Winnebago County Health Department for violating her rights under the Illinois’ Health Care Right of Conscience Act.

Unfortunately, not all doctors or nurses have the conscience protections that Sandra and others enjoy in Illinois. As of now, medical professionals who live in states without similar conscience protections have limited options. They can file a complaint with the Department of Health and Human Services (HHS). These complaints can take years to process. Many who are pro-life in the medical community live in constant fear of losing their jobs simply because of their belief that human life is worth defending.

Stories like Sandra’s should serve as a constant reminder that reversing Roe v. Wade is not the only goal for the pro-life movement.

Organizations like Alliance Defending Freedom are also dedicated to defending those who protect life, ensuring that they never have to violate their convictions in order to pursue their callings as doctors, nurses, or other healthcare professionals.

Sandra wants other medical professionals and all Americans to know that they have the right to stand for their beliefs.

She sums it up well: “What makes America unique is our ability to live out our beliefs … I don’t want the government to take that away from me.”


This article was originally published by Alliance Defending Freedom.