Insurance coverage of abortion care protected by Illinois judge. What to know

A Sangamon County judge upheld a provision of the Illinois Reproductive Health Act in a ruling last week, maintaining that state-regulated health insurance plans that cover pregnancy care must also do so for abortion services.

The Illinois Baptist State Association filed suit in 2020 against the law passed by state lawmakers in the prior year, claiming it violated their religious beliefs. Named in the suit was the Illinois Department of Insurance.

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Judge Christopher Perrin, however, sided with the state since the not for profit is not required by law to purchase health insurance regulated by the insurance department. Thus, he wrote, they have the option to have insurance plans excluding abortion care.

"These alternatives provide flexibility for organizations to maintain insurance coverage without conflicting with their religious beliefs," wrote Perrin.

Illinois Attorney General Kwame Raoul, whose office filed for summary judgement on the behalf of the state insurance department, said on Friday that the decision was a "win in a years-long fight."

"My office is continuing to fight for reproductive care on all fronts because abortion care is health care. Full stop," he said in a statement. "We are committed to protecting access to comprehensive reproductive health care that includes abortion."

IBSA expressed their disappointment with the Seventh Judicial Circuit Court ruling on Monday. The Springfield-based association said in a statement they are reviewing the ruling with their attorneys and are likely to appeal the decision.

"The Sept. 4 ruling discounts the beliefs of over 150,000 Illinois Baptists, as well as all Illinoisans who hold these same sacred convictions, by requiring all insurance coverage in our state to pay for abortion on demand, without a clear pathway for religious exemptions for churches or faith-based ministries," the association said.

State lawmakers passed the Reproductive Health Act in 2019 with the intention to counteract a potential overturn of Roe v. Wade, which the U.S. Supreme Court ultimately did in 2022. It codified abortion rights into law, making abortion a "fundamental right" of people in Illinois.

Contact Patrick M. Keck: pkeck@gannett.com, twitter.com/@pkeckreporter.

This article originally appeared on State Journal-Register: Insurance coverage of abortion care protected by Illinois judge