Gov. Pritzker Signs Landmark Legislation Further Expanding Reproductive Rights in Illinois

CHICAGO — Today Governor JB Pritzker, joined by legislators, civil rights leaders, and activists, signed multiple bills designed to further protect reproductive rights in Illinois. The package of bills signed includes HB581, which ensures that pregnant women can access needed emergency medical care, HB5239, which expands Illinois’ shield laws, and HB4867, which clarifies and expands the Illinois Human Rights Act to prohibit discrimination based on reproductive health decisions.

“It is no longer enough to legislate for the current moment. We sadly have to anticipate a future when the Supreme Court and other bad actors further restrict and punish women seeking to exercise their medical rights and control over their bodies. ​ These new laws will ensure that women in Illinois and those travelling from out of state can avoid persecution and discrimination on every level,” said Governor JB Pritzker. “These laws work together alongside the legislation my administration has already put in place to ensure providers and patients alike can make the best decisions for themselves, their bodies, and their families without fear of retribution or legal liability from hostile states.”

“These bills ensure that medical decisions remain where they belong - in the hands of individuals and their doctors,” said Lt. Governor Juliana Stratton. “Our state is committed to being a place where the full spectrum of reproductive healthcare is accessible and respected. The legislation signed today ensures that Illinois remains a beacon of hope and personal freedom.”

The Illinois response to EMTALA was passed due to concerns that the U.S. Supreme Court could overturn the federal EMTALA, which protects people’s right to stabilizing emergency care, including abortion when it is necessary to save the life or health of a patient. The passage of HB5239 ensures that doctors can continue to provide, and women can continue to receive, life and health saving reproductive care even if the federal legal standards change.

Illinois has passed legislation that shields both providers and patients who travel to Illinois from being punished by states with draconian abortion and gender affirming care restrictions. In January of 2023, Governor Pritzker enacted an interstate shield law protecting providers, patients, and those who assist patients in any way from licensure consequences and out of state legal actions. HB5239 further expands these protections. ​ Under the law, state and local jurisdictions cannot provide any information or expend any resources to help an out of state entity investigate legal healthcare, including abortions or gender affirming care, provided in Illinois.

HB4867 adds reproductive health decisions to the Illinois Human Rights Act. Reproductive health decisions include a broad continuum of personal decisions regarding abortion and birth control, fertility or sterilization care, miscarriage management care, assisted reproductive technologies such as in-vitro fertilization, and prenatal, intranatal, and postnatal care.

HB 4867 clarifies and extends existing anti-discrimination protections by ensuring Illinoisans have the right to engage in reproductive health decision-making without facing discrimination. It also complements existing protections found in the Reproductive Health Act, which protects Illinoisans from State of Illinois interference with the fundamental rights of individuals to make autonomous decisions about their reproductive health. The Reproductive Health Decisions bill further protects Illinoisans from discrimination based on those decisions. ​

The protections apply across all areas of the Act, including employment, housing and real estate, financial credit, and public accommodations. Under this amendment, it would be a civil rights violation for:

“Since the Supreme Court overturned Roe v. Wade, states around the country have enacted draconian measures to restrict patients’ access to critical reproductive health care – at the expense of patients’ health and lives,” Attorney General Kwame Raoul said. “My office is proud to continue to partner with Gov. Pritzker’s administration to draft legislation and identify new avenues to ensure Illinois is a safe haven for patients to access comprehensive abortion and gender-affirming care. I am committed to using the authority of my office to continue to defend against legal challenges to our laws that preserve Illinois as an oasis of reproductive health care.”

"Illinois stands as a sanctuary for all who seek to make personal health care decisions in privacy and safety," said Senate President Don Harmon (D-Oak Park). "These new laws reflect our unwavering commitment to protecting and valuing the rights of every individual.”

“Regardless of what happens at the federal level, or any decisions made by an extremist Supreme Court, in Illinois we believe that equitable access to safe reproductive health care is a fundamental right,” said House Speaker Emanuel “Chris” Welch. “In Illinois, people seeking health care won’t be criminalized, providers will never be forced to abandon their patients, and we will remain a safe haven for anyone in need of lifesaving care. I want to thank Reps. Cassidy, Moeller, Avelar, as well as the rest of our House Reproductive Health Working Group for their commitment to ensuring Illinois has the strongest protections possible.”

“The Supreme Court decision to overturn Roe vs. Wade in 2022 made clear that we cannot take any reproductive rights for granted,” said Illinois Department of Human Rights (IDHR) Director Jim Bennett. “We have worked diligently with the Pritzker Administration and leaders in the General Assembly to strengthen protections for reproductive rights. HB 4867 ensures all Illinoisans have the freedom they need to make decisions concerning whether, when, and how to start a family without the fear of discrimination or retaliation.”

“As an Illinoisian and as a woman, I will not back down until we honor the humanity of every patient. Providing medically necessary services, like life-saving abortions, is a baseline commitment to safeguarding the well-being and inalienable rights of women across the state,” said Rep. Dagmara Avelar (D-Bolingbrook). “No one should be denied the care that could protect them from severe injury or death, which is why it is so important we safeguard the legal protections women in Illinois have by championing House Bill 581 into law. Because here in Illinois, we believe that every woman deserves the right to safe, compassionate care.”

"It is unacceptable that anyone can be discriminated against in employment, housing, or public accommodations based on their reproductive health decisions. This gap in our anti-discrimination laws needed to be addressed, and we have taken action to do so,” said Rep. Anna Moeller (D-Elgin). “While other states continue to impose increasing restrictions on women seeking essential reproductive services, Illinois is taking a more compassionate approach. The future of our state hinges on safeguarding women's healthcare rights, and this law is a critical part of that commitment.”

“We've taken strong steps to safeguard vital medical care with these two key pieces of legislation,” said State Senator Celina Villanueva (D – Chicago). “Together, these bills reflect our dedication to protecting essential health services and respecting individual rights.”

“Iowa’s six-week abortion ban follows a trend of extremist legislatures thinking they know what’s best about what reproductive healthcare women can and should have access to, without any concern for lethal consequences. At the same time, these legislatures empower law enforcement to go after providers in other states," said Rep. Kelly Cassidy (D-Chicago). "After the overturning of Roe v. Wade, Illinois made a commitment to stand against these regressive policies. This legislation continues those efforts by protecting Illinois doctors and providers from out-of-state prosecutors and their investigations. We won’t turn our back on those who want to come to Illinois for reproductive care, not now and not ever.”

“Patients making choices about their reproductive care should not have to worry about whether those decisions will affect their ability to get a job or find a place to live,” said State Senator Lakesia Collins (D-Chicago). “With this legislation, we are providing peace of mind and a meaningful avenue to obtain relief.”

“As Illinois expands access to reproductive health care services, we must also safeguard the ability of people to access these services without fear of discrimination based on the health choices they make,” said State Senator Laura Fine (D-Elgin). “HB 4867 affords the respect and dignity to reproductive health decisions that would be afforded to any other personal health care decision.”

“Reproductive rights are under attack in states across this country, but here in Illinois, we have leaders who stand up boldly to fight back,” said Personal PAC CEO Sarah Garza Resnick. “Thanks to Gov. Pritzker and our legislative champions, Illinois remains a bulwark in the Midwest against efforts to strip away our rights to control our bodies.”

“Abortion providers like me and my colleagues at Family Planning Associates are grateful to Gov. Pritzker and our legislators for passing these common-sense protections,” said Dr. Allison Cowett, Medical Director at Family Planning Associates in Chicago, one of the Midwest’s largest abortion clinics. “These laws are critically needed to ensure we can continue to do our jobs and provide abortion care to those we serve without fear.”

“These laws will add to the wall of protections we’ve built up for pregnant people in recent years, whether they’re Illinois residents, individuals forced to travel here for care, or providers,” said Chelsea Souder, co-owner of Hope Clinic in downstate Granite City, Illinois. “There is more work to do to ensure everyone who walks through our doors, whether to receive or to perform an abortion feels safe and protected, but this legislative package is an enormous step forward, and we thank Gov. Pritzker and our state legislators for leading the way.”

“These pieces of legislation further strengthen the abortion access ecosystem in Illinois by shoring up protections for people who have abortions and those who are here to support them,” said Megan Jeyifo, Executive Director of the Chicago Abortion Fund. “We are so proud to live in a state where our Governor – alongside a strong coalition of providers, elected officials, advocates, and abortion funders– regards abortion as exactly what it is: healthcare that should be accessible, affirmed, and decriminalized for all. Since the Dobbs decision, the Chicago Abortion Fund has fielded over 25,000 support requests and distributed over $7.5 million in direct assistance for appointments and associated wrap-around support such as travel, lodging, childcare, meals, and medications. We remain committed to supporting Illinoisians and our neighbors near and far that are relying on Illinois to access the abortion care they deserve.”

“As neighboring states work to roll our access and rights back, we’re incredibly grateful to Governor Pritzker and the Illinois General Assembly for signing three powerful new Illinois laws into effect,” said Jennifer Welch, President and CEO, Planned Parenthood Illinois Action and Richard Muniz, interim President and CEO, Planned Parenthood Great Rivers Action, in a joint statement. “They will protect our residents from being discriminated against because of their reproductive health decisions, shield abortion patients who travel here from states with extreme bans, and ensure that anyone who needs it can receive a lifesaving abortion. Planned Parenthood Illinois Action and Planned Parenthood Great Rivers Action will continue working with elected leaders to advocate for the strongest possible protections of reproductive health care and access — including abortion — in order to ensure patients in the region can get the care they want and need.”

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