Amendment To Close Vaccine Mandate 'Loophole' Passes Illinois House

SPRINGFIELD, IL — Since first declaring a disaster 19 months ago, Gov. J.B. Pritzker has set the state's pandemic policies mostly through a series of executive orders. Now, he is seeking the help of lawmakers to amend the Illinois Health Care Right of Conscience Act in an effort to ensure that it does not provide a legal loophole to COVID-19 vaccine mandates.

On Monday, State Rep. Robyn Gabel, an Evanston Democrat and assistant majority leader in the Illinois House, introduced an amendment adding a section to the act declaring that governments and private business can "take any measures or impose any requirements" that are "intended to prevent contraction or transmission of COVID-19" without violating the rest of the act.

First passed in 1977, amended several times, and recently cited in legal challenges to coronavirus inoculation requirements, the Health Care Right of Conscience Act, or HCRCA, makes it illegal to discriminate against anyone because of their "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."

The law has primarily been used to shield doctors, pharmacists and other health care workers from liability for refusing to provide emergency contraception or abortion services.

Earlier this month, Pritzker's representatives called for the law to be updated to prevent it from conflicting with his executive orders associated with the coronavirus pandemic.

"The Health Care Right of Conscience Act was never intended to allow people to avoid public health guidance during a global pandemic," a spokesperson for the governor said in a statement. "The administration supports efforts to clarify the law, so it cannot be misinterpreted by fringe elements."

Gabel's amendment passed the executive committee Tuesday on a party-line vote. More than 48,000 people filed witness slips against the bill ahead of the vote, while 660 backed the amendment. But it was unclear how many members of the Democratic Party's supermajority were on board.

Several House Democrats reportedly opposed Gabel's bill during a caucus meeting Monday. State Rep. Mary Flowers (D-Chicag0) warned the change would be bad for working-class people, according to Politico, and, according to Crain's Chicago Business, claimed that COVID-19 vaccinations are produced using some of the same ingredients as crack cocaine.

Other opponents to proposed changes to the act include the Catholic Conference of Illinois.

"Notwithstanding our own Church’s belief that the COVID-19 vaccine is both morally acceptable and an expression of love of neighbor, we are called to respect the sincerely held religious or moral objection that some may have to the vaccine," Archbishop Blase Cupich and six Illinois bishops said earlier this month in a joint letter to senior state officials.

"The purpose of the HCRCA is not to protect only the conscience objections of those who share the majority’s beliefs; to the contrary, it is specifically intended to protect those whose consciences demand that they abstain from a medicine or practice favored by the majority," they said. "Neither the Church nor the State should coerce an individual with sincere conscientious objections to receive a COVID-19 vaccine."

On Wednesday, Gabel filed another version of the amendment, which eliminated a reference to firing workers and excluding people from school, work or businesses "in response to noncompliance." The House Rules Committee passed the updated proposal by a vote of 3-2 later the same day.

With one day to go before the scheduled end of the legislature's fall veto session, Gabel's HCRCA amendment had one House co-sponsor, State Rep. Bob Morgan (D-Deerfield), and two Senate sponsors, Majority Leader Sen. Don Harmon (D-Oak Park) and Sen. Melinda Bush (D-Grayslake), according to the Illinois General Assembly's website.

Later Wednesday, the bill passed 64-52, with 2 Democratic members voting present and seven joining all Republican members in voting against. It now requires Senate approval before it can be sent to Pritzker's desk.

Gabel said in a statement that the latest version of her amendment is in line with the original intent of the the HCRCA and protects some of the state's most vulnerable residents.

"While this amendment does not take away anyone’s right to claim a religious or medical exemption, this new language will help ease concerns about undue termination. I hope this development will bring us closer to collaboration and compromise as we try to ensure those in high-risk environments—such as hospitals, veterans homes and schools—are protected from COVID-19," Gabel said.

“Unfortunately, a small group of people are distorting the HCRCA to ignore safety efforts that have been thoroughly vetted by the scientific and public health communities. My legislation will prevent this exploitation and ensure the HCRCA is used the way it was intended," she added. “The safety of the people of Illinois is always my top priority. Helping prevent the COVID-19 pandemic from reaching some of our most vulnerable members of society is a critical step in addressing that goal.”

Update: Health Care Right Of Conscience Change Headed To Governor's Desk