On behalf of Our Lady's Inn, the Archdiocesan Elementary Schools of the Archdiocese of St. Louis, and O'Brien Industrial Holdings, Thomas More Society filed a federal lawsuit in May 2017 challenging St. Louis Ordinance 70459, which would have forced pro-life ministries, Catholic schools, and faith-based employers to hire abortion advocates, rent property to abortion providers, and cover abortion in employee health plans.
The ordinance extended "protected class" status to any person who had made or expected to make "reproductive health decisions"—a category defined so broadly that it shielded abortion advocacy itself. For Our Lady's Inn, a maternity home that has offered pregnant women a real alternative to abortion since 1982, compliance would have meant abandoning its mission.
"It was like asking Starbucks to post a sign that reads, 'No coffee allowed,'" said Peggy Forrest, President and CEO of Our Lady's Inn. "I had only one choice. I could fight the ordinance in court or close down my maternity home and leave St. Louis."
In September 2018, U.S. District Judge Audrey G. Fleissig ruled the ordinance unconstitutional, finding that it violated the plaintiffs' First Amendment rights by compelling them to employ or house individuals who advocate for or perform abortions, and that it infringed religious exercise under the Missouri Religious Freedom Restoration Act. The City of St. Louis declined to appeal, and the Missouri legislature subsequently passed Senate Bill 5 to extend similar protections to pro-life organizations statewide.
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