Amicus Curiae Brief — Nat'l Inst. of Family & Life Advocates v. Becerra, 138 S. Ct. 464 (2017) (No. 16-1140)

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No. 16-1140

3n the Supreme Court of the Anited States

NATIONAL INSTITUTE OF FAMILY AND

LIFE ADVOCATES, dba NIFLA, et ai.,

Petitioners,

Vv.

XAVIER BECERRA,

Attorney General of California, et ai.,

Respondents.

On Writ of Certiorari to the

United States Court of Appeals for the Ninth Circuit

BRIEF OF 13 WOMEN AND THE CATHOLIC

ASSOCIATION FOUNDATION AS AMICI CURIAE

IN SUPPORT OF PETITIONERS

Andrea Picciotti-Bayer

Counsel of Record

The Catholic Association

Foundation

3220 N Street NW, Suite 126

Washington, DC 20007

(571) 201-6564

amariepicciotti@gmail.com

Counsel for Amici Curiae

Becker Gallagher - Cincinnati, OH - Washington, D.C. - 800.890.5001

TABLE OF CONTENTS

TABLE OF AUTHORITIES ................... ii

INTERESTS OF AMICI ..........---22200ee5> 1

SUMMARY OF ARGUMENT ................. 26

SET <iecoseteseeceeceseroscvevcece 29

I. PREGNANCY RESOURCE CENTERS

AND MEDICAL CLINICS ARE WARM

AND LOVING COMMUNITIES

OFFERING VALUABLE AND INFORMATIVE

Il. | PREGNANCY RESOURCE CENTERS AND

MEDICAL CLINICS PROVIDE

INVALUABLE PERSONAL AND

COMMUNITY SERVICES BEYOND

PREGNANCY COUNSELING .......... 32

Ill. PREGNANCY RESOURCE CENTERS AND

MEDICAL CLINICS SERVE ALL PEOPLE,

FREE OF CHARGE ................++: 35

DE bra decdecccececsccsecccceces 35

TABLE OF AUTHORITIES

CASE

Greater Baltimore Center for Pregnancy Concerns,

Inc. v. Mayor and City Council of Baltimore,

No. 16-2325 (4th Cir. Jan. 5, 2018) .......... 28

Nifla v. Harris, No. 16-55249 (9th Cir. Oct. 14,

ee es os othe Eres Lake deen ewes 26

STATUTES

Baltimore City Council Ordinance 09-252 ....... 28

California’s Reproductive Freedom, Accountability,

Comprehensive Care, and Transparency Act

NSS va desatecunsaecdcsnaseuel 27

Rid Gbsu dW db ad cee eueaeaekeds 27

Lal Gn rend wai aehae ae ane eee ace Oe 27

California Assembly Bill No. 775 ........ 26, 27, 29

EE on vc dan cancceduscvecdos 28

Illinois Health Care Right of Conscience Act,

tne Cuban d<60ows bond diecede 28

OTHER AUTHORITIES

https://ghr.nlm.nih.gov/condition/trisomy-13 .... . 20

https://www.acog.org/~/media/departments/state%

20legislative%20activities/2015AZFactSheetM

edicationAbortionReversalfinal. pdf ......... 22

https://www.cdc.gov/reproductivehealth/data_stat

EE acdc euSeesvbbevadnaecteonss 26

https://www.fda.gov/Drugs/DrugSafety/ucm 11132

BE taaxteshserdenohinesced 606 bina avnte 21

https://www.fns.usda.gov/wic/women-infants-and-

SE bia nd eedne ou tsdeccedecdehases 3

https:/ozierinstitute.org/a-second-chance-at-life-

reversing-the-abortion-pill/ ................ 22

INTERESTS OF AMICI’

Amici 13 women, listed and described below,

include direct and indirect beneficiaries of the free

services provided by not-for-profit pregnancy resource

centers and medical clinics in the state of California

and across the United States. They attest to the

dignified care and hope that women and their children

receive at such centers and clinics.

Amici, The Catholic Association Foundation (TCA),

is a lay organization dedicated to being a faithful voice

for the Catholic Church in the public square. Catholics

have played a leading role in founding and running

pregnancy centers across the country. The Catholic

Church in the United States sponsors the Gabriel

Project”, a parish-based ministry that brings hope to

pregnant women in crisis, and Project Rachael’, a

diocesan-based network of specially trained priests,

religious counselors, and laypersons who respond to

and care for those who have procured an abortion.

These ministries work with the centers and clinics in

' All parties received timely notice of the intention to file this

amicus brief and consented to its filing. No counsel for a party

authored this brief in whole or in part. The Catholic Association

Foundation contributed the costs associated with the preparation

and submission of this brief. All statements made by amici 13

women are on file with counsel for amici curiae.

® For information about Gabriel Project, see

http://www.gabrielproject.us/index.htm!

* For information about Project Rachel, see http://www.usccb.org/

issues-and-action/human-life-and-dignity/abortion/project-rachel/

index.cfm and http://hopeafterabortion.com/

their communities to offer care and support to women

in need.

Amici strongly oppose any civil sanctions that would

impede the ability of licensed and unlicensed

pregnancy centers in the state of California to provide

free support and services to women and their children.

ANGELA JOZWICKI grew up in a household

“with a lot of screaming” and turned to drugs when she

was fourteen years old. Although she had sporadic

periods when she was “clean,” Angela was unable to

stop using for years. When she was twenty-two years

old, Angela discovered she was pregnant. “I knew in

my heart that a baby would stop me from having drugs,

but I wasn’t ready.” Angela had an abortion. “It was

June 1, 2006. I will never forget that date.” “I used

abortion to avoid getting better.”

Struggling with addiction and other health

concerns, Angela never thought that motherhood was

a possibility. “I was taught that you get married, buy

a house, and you have a baby. Because I did not see

that in my future, I never thought I would have a

baby.” In October 2015, Angela sensed something was

different about her body and bought a pregnancy test

from a dollar store. The test was positive. Because

Angela was still using drugs, she made another

appointment to have another abortion. She asked the

baby’s father to drive her to the clinic when the day for

the appointment came. When Angela called him that

morning, he did not answer his phone. Angela kept

calling, but he never answered or showed up. Angela

believes that “God showed up.” “I decided that I would

keep that baby.”

Because of her addiction and the circumstances of

her pregnancy, Angela felt that she could not turn to

her family for support. Angela started “calling a bunch

of numbers of places that help pregnant women.”

Soundview Pregnancy Services in Centereach, New

York, answered her call and encouraged Angela to

come in. At her first visit to the center, staff showed

Angela her growing child on an ultrasound. Every

subsequent week, Angela met with Barbara, a staff

member at the center, and the two watched videos

about pregnancy and childcare and spoke about how

Angela was doing. When it came time for Angela to

deliver, Barbara went to the hospital to be there for

Angela. “I did not think that she would come, but she

was there.”

Staff at the center helped Angela enroll in the

Women, Infant and Children supplemental nutrition

program (WIC)* and get in touch with New York’s

Department of Social Services for financial assistance

during her pregnancy and after childbirth. Angela

plans to begin working again once her son Cameryn is

old enough to start preschool. In the meantime, Angela

and her son are living with Angela’s mother. Though

Angela and her mom have had a strained relationship,

counselors at the center have met with the women and

* The United States Department of Agriculture offers a special

supplemental nutrition program for Women, Infants, and Children

(WIC) that provides federal grants to states for supplemental

foods, health care referrals, and nutrition education for low-income

pregnant, breastfeeding, and non-breastfeeding postpartum

women, and to infants and children up to age five who are found

to be at nutritional risk. See https://www.fns.usda.gov/wic/women-

infants-and-children-wic.

slowly helped bring the mother and daughter together

for the sake of a loving and supportive home for

Cameryn.

Angela continues to attend weekly sessions at the

center and benefits from parenting courses and

supportive counsel as she struggles with both single

parenting and staying clean. “I always thought that

people were fake, but they are genuine. This is who

they really are. They will help me to raise my son to be

genuine.” Looking forward to life now, Angela credits

the center with giving her “support so that I don’t turn

back to drugs.”

BRENDA COE and her husband were introduced

by a mutual friend to Krystal, a single mother in a

crisis pregnancy. Krystal already had a two-year-old

son and felt unable to raise another child in her

circumstances. Krystal had visited the Pregnancy Help

Center in Torrance, California, to confirm her

pregnancy, and while there, spoke with counselors

about adoption. After meeting the Coes, Krystal asked

them to adopt her baby.

The center was a resource to Krystal throughout her

pregnancy, and Brenda accompanied Krystal there

regularly. Brenda came with Krystal to ultrasounds

and helped her interview the obstetrician she

eventually selected, who also volunteered at the center.

Brenda and her husband were present at the child’s

birth. Brenda remarks that they were “overjoyed” with

the prospect of “walking with Krystal during her

pregnancy.” The staff at the pregnancy center

supported all of them throughout the pregnancy and

adoption process. Brenda and her husband stay

connected to Krystal by exchanging pictures and

speaking over the phone.

Brenda is grateful for the assistance Krystal

received at the center. “I think birth parents should be

encouraged to be the best God wants them to be so that

their adopted children can find them in a strong place.”

In Brenda’s experience, “women are not being forced

into not having an abortion, but are being shown that

they have options and resources to choose life. The

center removes a ‘crisis’ a woman is facing so that they

can make a positive, life-affirming choice.”

BROOKE NORTH found healing at the Hope

Pregnancy Center in Pontiac, Illinois, after decades of

trauma and abuse. At the age of eleven, Brooke was

put into the foster care system following years of

physical abuse by her father. She had been in and out

of several foster homes and endured multiple occasions

of physical, sexual, and emotional abuse during her

childhood. As an adult, Brooke suffered an even more

horrific experience: She was kidnapped and sexually

assaulted over a two-week period until her abductor

was captured and imprisoned.

When Brooke discovered in mid-2015 that she was

pregnant, she enrolled in WIC for assistance. The local

WIC agent referred Brooke to the Hope Pregnancy

Center to “get the stuff you need.” Brooke never

considered an abortion as something she wanted or

needed. “They opened up the center to help moms in

need. They do not pressure you not to get an abortion

if you want one. But t) y are there to help women

have their children.” Brox ce had two great needs when

expecting her first child: someone to listen to her and

infant necessities. At the center, both of Brooke’s

needs were met.

Center staff listened and lent a supportive hand. As

part of the center’s “Earn while you Learn” or “Hope

program,” Brooke received “mommy bucks” each time

she attended a counseling session or class. With her

“mommy bucks,” Brooke obtained diapers, wipes,

clothes, and even things for herself during and after

pregnancy. When she needed something but did not

have enough to buy it, she was never denied.

Brooke continued to visit the center after her son

Keetan was born in April 2016. In addition to basic

childcare items, Brooke wanted an ExerSaucer jumper

for her son as he was becoming more mobile. Although

the center did not have one when she inquired, she

received a call shortly afterwards that they had a

brand-new saucer and would hold it for her until she

could arrange to pick it up at the center.

A year later, Brooke met the man who would

become her husband. The couple married in February

2017 and were expecting a child. Brooke returned to

the center, this time with her husband. With the

center’s newly acquired ultrasound machine, Brooke

and her husband were “allowed to see their baby” at

the center. Brooke still has the ultrasound pictures

they received that day.

Becoming a new father was daunting for Brooke's

husband, but center staff encouraged him by pointing

out the “perks” of being a dad. They also explained the

different stages of Brooke’s pregnancy. Brooke notes

that “everything that I was in, he was always offered to

be a part of.” Recognizing Brooke’s husband’s desire to

become better informed, staff taught him how to burp

a baby and how to change a baby using a doll. They

provided him with a series of pamphlets entitled

“Beginning of Fatherhood” and encouraged him to join

Brooke in reading the “Pregnancy week by week” book

they had given the couple. After so much preparation,

Brooke remarks of her husvand, “I think that he is a

pro.

Brooke and her husband were nervous about

parenting two children so close together in age.

Christy, a client coach at the time, offered

encouragement. Of Christy’s support, Brooke says,

“She got me in a positive state where I was confident

enough to take care of both of my children.” In October

2017, Brooke had a little girl, Kathy. Not yet two,

Brooke’s son Keetan “is the best big brother ever. It is

all because Christy taught me how to make him a part

of this new baby.”

The center offered so much more than information

about pregnancy and motherhood to Brooke; staff

offered genuine friendship. “When I told them that I

got a job or was expecting another baby, they were

excited.” Brooke says matter-of-factly:

There should be more of them across the

country. There are so many people struggling

and the center is the one place that is the ‘go to’

to guarantee success as a parent. They help

with referrals, vouchers. I would like pregnancy

centers to be all over the place. It is not just for

the parents, but the kids. The people who

donate their time and money help not just

women but their children. The people at the

center are the sweetest, most caring, full-of-

energy people.

Brooke credits the Hope Pregnancy Center in Pontiac,

[liinois, for helping her to overcome her traumatic

childhood and to grow as a strong woman, wife, and

mother.

CRISTINA HURTADO was a teenager who

could not afford a pregnancy test when she found the

Care Pregnancy Resource Center in Visalia, California,

nine years ago. She was relieved to find a place that

offered free and confidential tests as she was afraid to

take one by herself. As she waited, a staff member at

the center sat with Cristina, and the two discussed

what Cristina would do if the test were positive.

Cristina was nervous, but having someone by her side

helped. The test was negative, but Cristina continued

to visit the center for its other programs.

Years later, when Cristina discovered that she was

pregnant, she was not as scared. She knew that the

center would be there for her and that she could “take

advantage of their support.” Cristina took parenting

classes at the center and received individual counseling

on preparing for motherhood with Vera, one of the

center’s staff. “Vera was always friendly to me. I knew

that she would not judge me and I felt comfortable with

her. The pregnancy and parenting classes helped

answer all of my questions.”

When it was time for her baby to be born, Cristina

asked Vera to accompany her during labor. It was a

natural thing to have Vera there along with Cristina’s

godmother and the baby’s father. Vera was family.

The center also made things easier by providing

Cristina with a diaper bag, diapers, wipes, shampoo,

formula, and strollers. “Pretty much everything that I

did not have access to I got from them.” Staff at the

center and even other clients provided “so much

information” to Cristina about her pregnancy and her

baby’s development. Cristina credits these connections

with helping her “to be a good mother.”

Cristina recently saw a friend at the center who was

pregnant and considering having an abortion. “I knew

she was in great hands.” After learning about the

resources available throughout her pregnancy and

beyond, Cristina’s friend decided against the abortion.

According to Cristina, “the more [my friend] learned

and became educated, the more she was committed to

having her child.”

Cristina credits the center with having an

incredibly positive presence in her life. “I think that if

I would not have found the center, my life would have

been a disaster. I came to the center looking for a

pregnancy test and I found so much more. If you look

at who I was when I first went to the center and now,

I am a totally different person.”

EBONY HARRIS was a bright and vivacious 26-

year-old when she suddenly faced the most troubling

and confusing news of her life: She was unexpectedly

pregnant. Gripped by anxiety and uncertainty, Ebony

resolved that her own future well-being mandated

quick and decisive action. She would have an abortion;

nobody had to know. Ebony scheduled the abortion at

a clinic but left with an uneasy feeling. The clinic’s

staff was cold and harsh, offering no counsel and no

information about the procedure apart from its price —

just pressure. One staff member told Ebony, “The cost

of raising the child will be far more expensive than the

cost of an abortion.” Ebony did not meet with a doctor

or nurse and was not informed of any other option.

After hearing about the Greater Baltimore Center

for Pregnancy Concerns through the radio, Ebony met

with Linda, one of its coordinators. Ebony was

surprised when the first thing Linda did was hug her.

This was the first time anyone had shown Ebony any

compassion or support while she faced this situation.

Linda advised Ebony that the center did not perform or

refer for abortions, but offered many other services, all

free of charge, including sonograms, pregnancy tests,

prenatal classes, post-natal classes, and material

support such as diapers, formula, clothes, and toys.

According to Ebony, “Linda was warm, gentle, and

supportive.” Ebony was also surprised to see jars of

baby food, diapers, and baby formula sitting on a table.

Ebony requested a sonogram, saw and heard her child’s

heartbeat for the first time, and received information

about the development of her child. Ebony referred to

this meeting as:

... educational and very informative, something

the clinic did not do. I am not pro-life and I am

not pro-choice. I am pro-information. People

should be properly educated before making a

decision. The abortion clinic did not offer any

education, counseling, or support. The clinic had

a cold attitude. It felt like someone was trying

to make a sale.

After Ebony left the center, she still leaned toward

having an abortion. Linda unequivocally stated that

“either way, the center will be there for her.” After

much deliberation, Ebony decided to give birth to her

son, and Linda kept her promise. Center staff visited

Ebony at her house and brought baby clothes, diapers,

wipes, food, toys, and even a stroller. The staff helped

her beyond merely caring for her baby. When Ebony

had to move to a new apartment, she had no curtains,

and even if she could have afforded them, she “would

not have been able to hang them herself.” Staff took

Ebony to the store, bought her the curtains, carried a

ladder up three flights of steps, and installed them for

her.

Ebony spoke in no uncertain terms: “[The center]

has only been a help to me. I have taken and referred

other people, and they have been helped too. [The

center] has been a blessing.” Today, Ebony flourishes

not just as a mother, but as an author, speaker,

workshop instructor, home educator, and publisher.

She credits the center with giving her an authentic and

informed choice during a desperate moment in her life

and for helping her to grow into an accomplished and

empowered woman.

JUDITH DOWNES is a 70-year-old woman and a

committed pro-lifer. Since 1984, Judith has

volunteered at Alternatives Pregnancy Center in

Denver, Colorado. The center took on a more profound

role in Judith’s life five years ago when she began post-

abortion counseling for an abortion she had undergone

over 40 years earlier.

Judith was living in Virginia in the mid-1970s and

thought her life was perfect: She had been married for

six and a half years and had a beautiful two-and-a-half-

year-old. She anxiously anticipated welcoming another

child to the family. But one day, Judith’s husband

came home from a business trip and told her that he

did not want to be married anymore. Judith was

eleven weeks pregnant. “As far as I knew at that time,

there was no one I could consult with on how I should

make a decision.” Concerned about being a single

mother with “no safety net” and “no one to turn to,”

Judith called her doctor’s office. The office offered

Judith no information about her options or the support

available to her during her pregnancy or as a single

mother. They simply referred Judith to a nearby

abortion clinic. Judith felt confused and hopeless, and

pressured by her husband, who brought her to the

abortion clinic. Judith recounts that after her abortion

she was left with “confusion” and “crippling shame and

grief” that affected every area of her life.

Motivated by her own horrible experience with

abortion, Judith got involved with Alternatives as a

volunteer. But she didn’t realize how much she still

suffered from her own abortion. Despite having seen

counselors and psychologists throughout her adult life,

it was not until she met with her friend Maureen,

executive director at Alternatives, that Judith saw the

role her abortion had played in her life. “I still recall

when Maureen said so simply, ‘Judy, abortion is rc ally

hard on women.”

At Maureen’s suggestion, Judith set up an

appointment to meet with Nicole, the post-abortion

counselor at the center. At first, Judith was doubtful.

“I was very put off because she was so young. I needed

someone who was an expert.” But as the two spoke,

Judith found Nicole to be “the kindest, most patient

person in my life.” Judith and Nicole met individually

for an hour every week for many months. Through

counsel with Nicole, Judith finally began to “connect

the dots.” “I suffered with abusive relationships as a

form of punishing myself, thinking that it was

something I deserved for having aborted that child.”

Trained now as a post-abortion group leader, Judith

has led groups of women of all ages, including specific

groups of women between the ages of 55 and 65 who

have procured abortions. During the 13-week long

sessions, Judith has seen women “come in struggling,

broken and confused and then move into freedom,

acceptance and peace.” Women are able to “share with

each other, hear each other’s stories, cry with each

other and be there for each other.” Judith feels very

strongly that “I would not have been able to come to

this level of healing without Alternatives. Alternatives

is motivated toward good and healing, based in love

and concern.” Judith would love to “shout from the

rooftops” that there are places for women who have

chosen an abortion to go to in order to confront their

grief and “come out of the darkness.”

LAURA WU thought she had met her soul mate.

While working as a full-time teacher and studying at

night for a master’s degree, Laura and her boyfriend

spoke about marriage and the names of their future

children. But when Laura told her boyfriend that she

was pregnant, he was angry. “He told me, ‘It is either

me or this child. If you chose this child, you will do it

alone. You won’t have your parents to support you.

What kind of mother would you be to bring a child into

this world if his father did not want him?” Laura

initially agreed to abort their child, but quickly

changed her mind. An aunt of Laura’s volunteered at

Boro Pregnancy Crisis Center in Queens, New York,

and encouraged Laura to call for an appointment.

At Laura’s initial appointment, she went through

the center’s “options counseling” where Laura received

information about adoption, abortion education, and

single parenthood. Laura chose to continue with her

pregnancy.

Although staff at the center told her about

assistance through WIC, Laura was deemed ineligible

because of her teaching salary. The expense of

welcoming her daughter, however, was significant. For

each appointment Laura attended at the center, she

was awarded “points” which she could trade in for

material help such as a bassinet or a car seat. “For me

that was hope. Just knowing that they were there if I

needed them was a big, big help.”

Laura’s parents and faith community offered great

support during the pregnancy. Another important

presence in her life was Vince, a New York Police

Department officer and Laura’s high school sweetheart.

After Laura’s baby Hannah was born, Laura and Vince

got married. Two years later, Vince formally adopted

Hannah. The center continued to play a significant

role in Laura’s life, helping her grieve the end of her

relationship with her daughter’s father, the death of

Laura’s own father, and the challenges of marriage and

parenting. “All of my healing, just feeling that I could

do this is because of [the center]. Had they referred me

to an abortion clinic, I don’t know how I would have

reacted. [They] gave me the hope I needed to know

that I could do this alone. And they did not make me

feel alone. Instead they gave me counsel for four years

at no cost.”

When her family moved from Queens to Long

Island, Laura visited a local church that was running

a “diaper drive” for a local pregnancy resource center

that was opening. Laura contacted the center’s

executive director to inquire about volunteering. Laura

was “hired on the spot” to be a receptionist at

Soundview Pregnancy Services and later was trained

as a counselor.

“I was initially intimidated in sharing my story.”

Undaunted, she has been the first point of contact for

women who call the center concerned about whether

they can handle the responsibility of motherhood. “It

helps to see someone who has had the same experience

and connection there from the beginning. It is such a

blessing to give back.” Laura also gives talks to youth

groups and local colleges about boundaries in dating

and to “let them know that there is someplace other

than Planned Parenthood that is there to help.”

LINDSEY SAMELSON was pursuing a successful

career in real estate and home construction when she

discovered she was pregnant. A relationship with a

tattoo-covered welder whom she met and supervised on

worksites was certainly unexpected. Despite his

checkered past, Lindsey was drawn to the love and

affection he showed his nieces and nephews and

dreamed of parenting with him.

Lindsey was excited at the pregnancy, but also

scared. How was she was going to tell her parents?

Before she did so, Lindsey wanted to confirm her

pregnancy in a medical setting. Unsure about whether

her health insurance would cover the cost of an early

stage ultrasound, Lindsey googled “free ultrasounds.”

The search turned up a pregnancy resource center in

town.

The baby’s father accompanied Lindsey to the

appointment, where he was made to feel welcome. “It

didn’t have that sterile hospital feel. It was warm,

inviting.” A receptionist handed Lindsey an intake

form with questions about the pregnancy. Filling out

the questionnaire, Lindsey “never felt pressured. It

never felt like they were invading.” After Lindsey’s

pregnancy was confirmed, she was given a “goodie bag”

with prenatal vitamins and a folder of information

about pregnancy.

Lindsey had a baby girl. The couple eventually wed

and shortly thereafter learned that they were expecting

another child. The joy of a second baby was magnified

by the couple’s reconciliation with Lindsey’s parents.

They are now expecting their third.

For her second pregnancy, Lindsey chose a midwife

who performed routine ultrasound exams only after 12

weeks of gestation. Anxious to know that her baby was

developing well, Lindsey again set up an appointment

for a free ultrasound. She and her husband went

together to the Colorado Springs Pregnancy Center for

the exam.

Staff stayed in touch and called her shortly after

she gave birth both times to make sure that Lindsey

had all she needed. Lindsey observes, “The centers are

trying to create a space that is joyful for what is a crisis

for so many people. It did not feel sterile. The people

there were happy to see my baby. They did not treat

me like I was a burden. They truly and deeply cared

that we were there.”

Lindsey’s career in real estate and construction is

flourishing. She is currently seeking out opportunities

to volunteer in pro-life causes, citing her positive

experience with the pregnancy centers as an impetus.

MELISSA LEACH walked into Hope Pregnancy

Center in Pontiac, Illinois, to confirm a suspected

pregnancy. Sure enough, Melissa was pregnant. The

real surprise was that she was nineteen weeks along.

The advanced stage of the pregnancy, plus the fact that

Melissa was an older mother at thirty-five, made her

visit to the center critically timely. While Melissa’s

doctor performed a range of tests to confirm her

pregnancy was advancing well, the center offered a

network of support.

Melissa never considered terminating her

pregnancy, but did have serious financial concerns.

Jayna Vromen, program coordinator at the center,

offered suggestions and resources to address these

worries during Melissa’s very first visit to the center.

Melissa also began parenting classes where she

discussed parenting her new baby as well as her two

older, out-of-state children.

Only nine weeks after her first visit to the center,

Melissa went into labor, just short of twenty-nine

weeks pregnant. She gave birth by an emergency c-

section. Her son was immediately transferred to a

nearby hospital’s neonatal intensive care unit, while

Melissa tried to recover quickly. Melissa returned to

the center a few days after her son’s birth for a

previously scheduled appointment with the news of her

son’s premature birth. Jayna and Sarah Brummitt,

the center’s director, immediately went to work. They

loaded a diaper bag with preemie clothes, diapers,

wipes, and sensitive-skin laundry detergent. Sarah

filled Mellissa’s gas tank so that Mellissa would not

have to worry about the cost of driving back and forth

to the hospital to see her son.

Since his birth, Melissa’s son has undergone several

surgeries and is steadily growing. His doctors believe

that he will soon be ready to go home. Meiissa has

already set up a “pack and play” crib she got using her

credits from “Earn while you Learn” classes from the

Hope Program at the center. The only thing she lacks

is a car seat. Although the center did not have one

available when Melissa last stopped by, Sarah said

“she would put the word out to get one.” Melissa is

confident that Sarah will follow through; “I believe

that she will because she has always kept her word.”

More valuable than the classes and material items

Melissa has received from the center is the friendship

and family she has found. “It never felt like they were

put out. I don’t feel like they gave me special

treatment. I feel like every woman who walks through

those doors gets the same treatment — open, loving,

very warm — especially if you don’t have any other

supports. You just have to be willing to walk through

those doors.”

NICOLE HOWARD’s pregnancy was acrisis. She

had four teenage children and was uninsured. Nicole

and her husband were not seeking an abortion, but

faced high medical costs if Nicole proceeded with the

pregnancy and even greater expenses after the baby’s

birth. Terrified at that prospect, Nicole recalled,

“Everyone knows where to get an abortion. Not

everyone knows where to get help with being a

mother.” A friend referred her to the Greater

Baltimore Center for Pregnancy Concerns, where

Nicole participated in “Earn as you Learn” classes

every other Saturday. Nicole asserted:

I could not have done it without them. It had

been such a long time since I had a newborn. |

could go and earn points by taking classes to get

wipes, diapers, clothing, lotions . . . I really

depended on those items. I could get them every

other Saturday. Otherwise, the center does give

them away for free every quarter, but I could not

wait that long.

Some of the other classes Nicole attended were

“Common Care for Infants,” “Emotionally Safe Houses

for Children,” “Advanced Care for Toddlers,” and “Safe

Sleeping.” Nicole still attends classes every other

Saturday and has referred others who have also

benefitted from them.

Nicole recalled one winter when she ran out of

diapers and a snowstorm trapped her at home. She

called the center, and staff arranged for diapers to be

delivered to her. She states:

The center is not only instrumental in giving

items to support kids, but it supports

comradeship. It is a family. Even when women

come and go, the center still reaches out to them.

We have parties at the center, bring food, bring

our children. We get to see each other’s children

grow up. It also gives our children the

opportunity to participate in community service.

They can volunteer and give back.

SHALANE TEHOTU and her husband discovered

during their second ultrasound that they were

expecting a boy. But their excitement was

overshadowed by the worried look on the doctor’s face.

He said he had found some abnormalities and ordered

further studies. Their boy was later diagnosed with

Trisomy 13.° Doctors encouraged Shalane and her

husband to abort.

The couple contacted A Place for Women in Waipio

on the island of Oahu, Hawaii. They immediately

found counsel and support for their decision to carry

their child to term. Dr. Vivien, the center’s doctor,

helped them to understand their son’s medical report,

comforted them with her counsel, and took the time to

answer all of their questions. The center also

introduced them to a family that had gone through the

same thing with their baby girl.

Shalane’s son, Giovanni, lived for three hours. He

was “surrounded by family and friends celebrating him

with pictures, hugs, gifts, and love.” Giovanni's

parents have no regrets that his life was so short. “We

have only special memories we will hold in our hearts

until we see him again. We went into A Place for

Women broken and scared, but we left with life and

courage and we are forever thankful.”

SHANELLE FELDER knew how her baby’s father

“would react and how he would want to handle it”

before she even told him the news. He told Shanelle,

° Trisomy 13, also called Patau syndrome, is “a chromosomal

condition associated with severe intellectual disability and

physical abnormalities in many parts of the body . . . Due to the

presence of several life-threatening medical problems, many

infants with Trisomy 13 die within their first days or weeks of life.

Only five percent to ten percent of children with this condition live

past their first year.” https://ghr.nlm.nih.gov/condition/triso™ v-13

“We are going to take the abortion pill.” Shanelle did

not even know that there was such a thing as a medical

abortion.® Despite Shanelle’s very strong Christian

beliefs and opposition to abortion, she felt pressured to

go along. Shanelle thought she had no other option.

The baby’s father brought Shanelle to a Planned

Parenthood clinic in Denver to get the abortion pill.

For Shanelle, that day was “really scary and hurtful.”

After they performed an ultrasound to determine the

gestational age, Shanelle brought the pictures to the

baby’s father in the waiting room. She hoped that he

would be moved to reconsider. He was not. Planned

Parenthood staff led Shanelle to another consultation

room. Shanelle tried to tell the staff person that she

was having doubts, “but things just kept progressing.”

She remembers “how quick it went with the doctor”

when he handed her the pills. He ordered her to take

them in front of him. “I had no chance to plead with

him.” Feeling pressured, Shanelle “was looking for any

way out, but [was] unable to stand up for myself.” She

took the pills and “felt doomed.”

In a recovery room, Shanelle was given more pills to

take the next day. As she left the Planned Parenthood

clinic, Shanelle remembers “feeling super

uncomfortable” and “hard on myself” for letting

someone else dictate her actions. As Shanelle

struggled later that day with what to do next, a friend

* The FDA currently approves a regimen for chemical abortions

through 70 days gestation. The regimen involves the pregnant

woman taking 200 mg of mifeprex and 800 mcg of misoprostol 24

to 48 hours later. See https://www.fda.gov/Drugs/DrugSafety/ucm

111323.htm

called her out of the blue. Shanelle confided in her

friend what had happened and her overwhelming

feeling of helplessness and despair. Her friend sent

Shanelle a link that identified doctors who could

reverse the effects of the abortion pill.’ Shanelle was

astounded. The staff at Planned Parenthood had

presented the abortion pill as something permanent.

Inspired by this “second chance,” Shanelle called a

nurse in the area who set up an appointment with a

local doctor later that evening. The doctor gave

Shanelle progesterone injections as part of the reversal

procedure.” When Shanelle returned for a second

injection, she brought the bag of pills given to her in

the Planned Parenthood recovery room. This doctor

then referred Shanelle to Alternatives Pregnancy

Center in Denver, Colorado, to schedule an ultrasound.

Shanelle anxiously called the center to set up the

ultrasound appointment. “I had to see if my baby was

still alive.” She expected to be called in just for an

ultrasound exam, but received “much mere than I could

ever ask for.” As she waited for her ultrasound,

Shanelle was able to talk and pray with «ater staff.

’ A 24-hour nurse hotline for referrals to physicians specializing in

abortion pill reversal is promoted on www.abortionpillreversal.com

* The American Congress of Obstetricians and Gynecologists has

no guidelines for the use of progesterone injections to reverse the

effects of mifeprex, citing the absence of a “body of scientific

evidence,” see https://www.acog.org/~/media/departments/state®

20legislative%20activities/20 15AZF actSheet MedicationAbortion

Reversalfinal.pdf. But a growing number of doctors have adopted

a medical protocol for reversal established by Abortion Pill

Reversal (APR). See e.g., https://lozierinstitute.org/a-second-

chance-at-life-reversing-the-abortion-pill/

Shanelle described Whitney, the first Alternatives staff

member she met:

. . . 80 warm, loving and embracing and was

there for me emotionally. She cared enough to

cry for me and with me. She was there and

talked me through the details of what to do next.

She spoke to me about how I felt about the

pregnancy. I was on the fence about things.

How would I tell [the baby’s father] about

reversing things? I know we prayed. She asked

if I wanted her to be there with me during the

ultrasound. I felt that she was my only friend at

the time.

Upon seeing her daughter's heartbeat on the

ultrasound screen, Shanelle recalls the sensation of

“knowing wha: love is,” and the “euphoria of knowing

that my child is still alive.” Although she was still

anxious, it was “amazing to see this baby that still

survived.”

In subsequent visits to the center, Whitney helped

Shanelle garner the courage to tell her parents that she

was pregnant. After sharing the news with them,

Shanelle “knew that it was ok because it was less of a

secret.” Shanelle eventually moved from Denver to live

with her parents in Florida. Despite having the

support of her parents, Shanelle was depressed that

her pregnancy was not under more joyful

circumstances. Consolation came in the mail.

Because I was not able to have a baby shower in

Denver, [the center] sent me a box with a ‘baby

shower inside. I was really depressed, but it

touched me. The box had toys, a book, and a

very nice quilt that we still have to this day —

the most thoughtful thing ever — cute burp

cloths, and diaper cream. I was overjoyed to get

a box.

“My case is a little different in that I did not want an

abortion. I was running from an abortion, trying to get

away from it.” The support Shanelle found at the

center gave her the confidence to see that “all of these

fears looming over me were all lies.”

Two years after her daughter Lillian was born,

Shanelle returned the Denver area. One of their first

outings was to visit the center.

STEPHANIE KAMANAWA remembers “feeling so

offended” as the pastor spoke about abortion healing

while she sat as a fairly new member of his church in

Oahu, Hawaii. “How dare he talk about that in

church.” When the sermon was over, however, she

walked right up to the pastor’s wife and confessed: “I

have had two abortions.”

Stephanie’s first abortion occurred in 1996 when

she was only twenty-one years old, living in Maryland.

Stephanie was in an abusive marriage. “There was no

way that I could support a baby in an abusive

marriage. I did not know that keeping my baby at the

time was an option. I was trying to solve a problem,

but it made more problems. The depth of pain was so

deep that I did not have hope. I had no support.” In

2001, only five years later, Stephanie again turned to

abortion as she discovered she was expecting a baby

from a short-lived relationship.

Although now a mother to a beautiful son and

married to a loving man, Stephanie continued to feel

guilt and emptiness. The pastor’s wife referred

Stephanie to A Place for Women in Waipio on the

island of Oahu, Hawaii. When Stephanie walked into

the center, she was taken aback. “It rocked my world

that there were people who would not judge me.”

“Confidential, safe, beautiful, and friendly,” the center

offered Stephanie, through post-abortion healing

sessions, a chance to start anew. “I love to sing and

worship God through song. A Place for Women gave

me a new voice. After the abortions, I lacked hope to

sing.”

Today, Stephanie has rediscovered her singing voice

and speaks with other women about her abortion

“freely, with no shame, no guilt, and no heaviness

hanging over me.” In the center, Stephanie found

incredible support and was able to confront her prior

decisions.

My own personal experience is that they are the

real deal. Every step along the way. The

women who work there have strong bonds and

run with integrity, honesty, love, nurturing, and

care. They make sure that there is a comfortable

setting. They are confidential and upfront with

women who are there. They feel so strongly

about telling the truth. It is such a raw and real

experience for me. People can always come

against them and lie, but I want people to know

that the center wants to help, not to hurt.

Stephanie has also connected with her community.

Initially, she volunteered at the center, cleaning it once

a week. She now works as a youth group director in

her church. “As director of our youth group, I adopted

fifty kids to replace the two that I lost.”

SUMMARY OF ARGUMENT

Americans respond generously and without fanfare

to their neighbors’ sudden needs and crises. One

crisis that exists each day across the country is the

challenge of an unexpected pregnancy. The solution

most commonly offered is abortion.’ While abortion is

sold as a quick and easy fix, for many women, it is not

the solution they seek. What they want instead is to

welcome their child into the world.

Responding to the desire of these women, countless

volunteers come to the rescue. Staffed predominantly

by women, over two thousand pregnancy resource

centers and pregnency medical clinics across the

United States offer alternatives to abortion and post-

abortion counseling.”’ In the state of California alone,

there are an estimated two hundred such centers and

clinics.’ These centers and clinics offer free services

such as pregnancy testing, classes in prenatal

development, assistance in enrolling in WIC, Medicaid

for pregnancy and delivery care, parenting and spousal

* 652,639 legal, induced abortions were reported in 2014 to the

Center for Disease Control from its 49 reporting areas. The

abortion rate for that year was 12.1 abortions per 1,000 women

aged 15-44 years. See https://www.cdc.gov/reproductivehealth/da

ta_stats/abortion.htm.

'° See http://studentsforlife.org/prolifefacts/cpes/.

" Nifla v. Harris, No. 16-55249 (9th Cir. Oct. 14, 2016), Slip op. at

7 (citing Assem. Comm. on Health, Analysis of Assembly Bill No.

775 at 3).

classes, and training in basic skills in addition to free

essentials like diapers, baby food, formula, and

strollers. Radiologists provide ultrasounds, free of

cost. Women are offered an authentic choice and the

chance to flourish and thrive as mothers, despite their

circumstances.

Rather than supporting and promoting these

“neighbor-helping-neighbor” efforts, the state of

California has enacted a law that purposefully targets

pregnancy centers with burdensome requirements that

go directly against their mission. California’s

Reproductive Freedom, Accountability, Comprehensive

Care, and Transparency Act (the FACT Act)”

requires a pregnancy medical clinic qualifying as a

“licensed covered facility” to hand out a notice that

immediate and free or low-cost abortions are available

through public programs. Id § 123472(a)(1). The

FACT Act also obliges pregnancy resource centers not

meeting this definition to notify women that they are

not “licensed as a medical facility by the State of

California” and that they have “no licensed medical

provider who provides or directly supervises the

provision of services.” Id. § 123472(b). Refusal to

comply with these requirements subjects centers and

clinics to civil penalties. Id. § 123473.

California’s FACT Act is just one example of a

troubling trend of states and cities attacking pregnancy

resource centers and medical clinics. The state of

Hawaii, for example, recently passed a law requiring

medical and nonmedical pregnancy centers to post a

disclaimer that Hawaii has free or low-cost “family

" See California Assembly Bill No. 775

planning” programs, including abortion.'* Under this

new law, centers in Hawaii must, at a minimum, notify

women who enter their centers of these programs and

direct them to the state’s website for more information.

In Illinois, doctors and nurses working at pregnancy

centers are required to promote abortion to their

pregnant patients.'* And the city of Baltimore adopted

an ordinance that requires pregnancy centers to post

signs stating they do not perform abortions.”’ All of

these laws are or have been subject to scrutiny in

federal courts.”®

Amici 13 women have voluntarily come forward to

publicly share a delicate and private part of their lives

regarding the real and lasting support that pregnancy

resource centers and medical clinics throughout the

country offer women and their families. Amici feel as

though these centers and clinics are important places

that offer women the chance to make an informed

choice and improve the circumstances of their lives and

the lives of their children.

“ See Hawaii Senate Bill 501 of the 2017 Hawaii legislative

session.

“ See Illinois Health Care Right of Conscience Act, 745 ILCS 70.

° See Baltimore City Council Ordinance 09-252.

ordinance as violating the First Amendment. See Greater

Baltimore Center for Pregnancy Concerns, Inc. v. Mayor and City

Council of Baltimore, No. 16-2325 (4th Cir. Jan. 5, 2018).

ARGUMENT

1. PREGNANCY RESOURCE CENTERS AND

MEDICAL CLINICS ARE WARM AND

LOVING COMMUNITIES OFFERING

VALUABLE AND INFORMATIVE CARE

Amici wish to come ‘vrward in response to

allegations by the state of California that pregnancy

resource centers and medical clinics employ

“intentionally deceptive advertising and counseling

practices [that] often confuse, misinform, and even

intimidate women from making fully-informed, time-

sensitive decisions about critical health care.”"’

Contrary to the state’s unsupported allegations, amici

experienced valuable and informative care.

Amicus Angela Jozwicki abandoned a life of

dependence on drugs after she chose to become a

mother. The constant presence of staff at a center in

Centereach, New York, strengthens Angela’s resolve in

ways that she was not able to do on her own.

Amicus Brooke North and her husband were able to

see their child for the first time thanks to an

ultrasound administered at a center in Illinois. Both

young parents received tools to grow as a couple during

Brooke’s pregnancy and to prepare themselves for

welcoming another child into their home.

Amicus Cristina Hurtado received support and

counsel at a pregnancy resource center in California

that included “so much information” that she was able

" See Assem. Comm. on Health, Analysis of Assembly Bill No. 775

at 3.

to “answer all of her questions.” She would be

“speechless” in response to any claim that centers like

the one she attends are “deceptive” and has “never

heard anyone say anything negative” about their

experiences there.

Amicus Ebony Harris found the center she

encountered in Baltimore, Maryland, to be “educational

and very informative.” In contrast, the abortion clinic

she visited first “did not offer any education,

counseling, or support.” Ebony never felt misinformed

or intimidated as the center was clear with Ebony that

it did not perform or refer for abortions, though it

offered many other services. Even when Ebony was

strongly considering an abortion, the center coordinator

unequivocally stated that the center would be there for

her regardless of her decision.

Amicus Judith Downes, through post-abortion

counseling, “connected the dots” between her abortion

forty years prior to her tendency to seek abusive

relationships. No longer punishing herself, Judith

confidently helps other older women who struggle with

similar difficulties years after having an abortion.

Amicus Laura Wu participated in “options

counseling” at a center in Queens, New York, where

she was informed about the choices available to

pregnant women. Unlike the pressure to abort from

her baby’s father, Laura’s decision to continue her

pregnancy after visiting the center was fully informed

and freely made.

Amicus Lindsey Samelson confirmed two

pregnancies with free ultrasounds offered at centers in

Colorado Springs, Colorado. Although she was

anxious, the centers gave her a strong start to her

pregnancies and the confidence to balance motherhood

and her professional goals.

Amicus Melissa Leach was able to confirm her

advanced pregnancy and receive all of the support she

needed in facing the challenges of having a premature

baby. When asked to respond to the charge that

pregnancy resource centers are deceptive, Melissa

flatly retorted that such a claim is “bogus.”

Amicus Nicole Howard similarly found her classes

at the center in Baltimore extremely informative.

Nicole asserts of her pregnancy and motherhood that

she “could not have done it without them.”

Amicus Shalane Tehotu and her husband were full

of anxiety and questions about trisomy 13, the malady

afflicting their developing child. When doctors

pressured them to abort, the pregnancy resource center

in Oahu patiently answered all their questions,

provided emotional support, and introduced the couple

to another family who had first-hand experience with

a pregnancy like theirs.

Amicus Shanelle Felder thought that a chemical

abortion could not be reversed once initiated. The

Planned Parenthood that gave her the abortion pills

failed to provide her with the complete medical picture.

At acenter in Denver, Shanelle’s ultrasound confirmed

the success of having progesterone injections to reverse

the chemical abortion shortly after taking mifeprex at

the Planned Parenthood clinic. Shanelle later

benefitted from the emotional support she received at

the center as staff helped her to abandon her fears and

courageously assume maternity.

Because of her abortions, amicus Stephanie

Kamanawa felt “disconnected.” Through the post-

abortion classes offered at the pregnancy resource

center in Oahu, Hawaii, Stephanie learned how “to

nurture” and “become a better wife and mother” as well

as to reconnect with her artistic passion as a singer.

II. PREGNANCY RESOURCE CENTERS AND

MEDICAL CLINICS PROVIDE

INVALUABLE PERSONAL AND

COMMUNITY SERVICES BEYOND

PREGNANCY COUNSELING

Pregnancy resource centers and medical clinics in

California and throughout the country provide

invaluable supports and services beyond pregnancy

counseling to women. These life-affirming supports

enable women to recognize their worth and dignity as

well as empower them to make significant

contributions to their communities.

Amicus Angela Jozwicki was able to reestablish a

relationship and home with her mother after both

women received counseling at the center in Centereach,

New York. They both now provide love and support for

Angela’s child, Cameryn.

Amicus Brenda Coe and her husband welcomed a

child into their home after his birth mother received

adoption counseling at a pregnancy resource center in

California. The birth mother of their child maintains

contact with her son. Her and the Coe family’s special

connection is testament to the generosity of both

biological and adoptive parents for the well being of

adopted children.

Amicus Brooke North received needed items from a

center in Illinois such as diapers and wipes for her

newborns using her “mommy bucks.” The center even

found an ExerSaucer jumper for her baby. In addition

to these tangible supports, center staff gave friendship

and genuine support. Brooke is so grateful, she has

encouraged other friends to seek the center’s help and

the staff's kindness.

Amicus Ebony Harris describes how volunteers from

the center in Baltimore brought baby clothes, diapers,

wipes, food, toys, and a stroller to her house. Staff

even bought her curtains and installed them for her

when she was forced to move to a new apartment.

Amicus Judith Downes received post-abortion

counseling and support at a center in the Denver area.

Judith, along with other women, were able to meet in

a group where they could “share,” “hear,” and “cry”

with one another. Judith credits the center with

helping her “get out of the darkness” she experienced

as a result of having had an abortion decades ago.

For amicus Laura Wu, the decision to reject having

an abortion was life-altering, “like a domino effect.”

Laura reconnected with a loving and supportive man

who has since become her spouse and adopted her

daughter. “If I had chosen an abortion, I know that I

would have been a shell of a person today. I don’t think

I would ever been able to forgive myself had I given

[my daughter’s father] what he wanted.”

Amicus Melissa Leach received parenting courses

and counseling not just to help her with her developing

baby, but also to help her better parent her older

children. Center staff are providing emotional and

financial assistance to Melissa as she attends to the

medical needs of her son who is hospitalized for being

born prematurely.

Amicus Nicole Howard experienced material

support from the center in Baltimore including mid-

snowstorm diaper delivery, post-pregnancy education,

and much needed “comradeship” in the early, hard

days. She recalls attending parties at the center,

bringing food, celebrating, and getting to see her fellow

beneficiaries’ children grow up. Nicole and her

children now participate as volunteers with the center

and find joy in serving their local community.

Amicus Shalane Tehotu and her husband celebrated

the birth of their son and his short life alongside family

and friends thanks to the encouragement they received

at a center in Oahu, Hawaii.

Amicus Shanelle Felder not only received a “baby

shower in the mail” from the staff at the center in

Denver, but the encouragement she needed to reach

out to others for help and support so that she “could

stand up for myself.” Whitney, a center staff member,

continues to provide support and counsel to Shanelle as

she co-parents with her daughter’s father.

Filled with joy and hope, amicus Stephanie

Kamanawa recovered her singing voice after

benefitting from the supports she received at the

center. Stronger and filled with a sense of purpose,

Stephanie also now leads a youth group for children in

her community.

Ill, PREGNANCY RESOURCE CENTERS AND

MEDICAL CLINICS SERVE ALL PEOPLE,

FREE OF CHARGE

Amici 13 women have each described their

experiences with centers as “free of charge.” Many of

the women who come to centers are without sufficient

resources to get access to basic prenatal care and infant

necessities. These centers and clinics offer a loving and

generous environment that not only helps to meet the

material needs of these women, but also their

emotional and spiritual need to feel connected to a

community and part of a family.

CONCLUSION

This Court can keep the free and life-enhancing

resources of pregnancy resource centers and medical

clinics available to women and their families in the

state of California and across the country. These

centers are an essential resource for women seeking

basic information and authentic choice in their

moments of need. For this reason, and for those

expressed in Petitioners’ Brief on the Merits, amici

request this Court to reverse the Ninth Circuit’s refusal

to enjoin California’s FACT Act.

Respectfully Submitted,