States pass laws allowing pregnancy centers to evade regulation and countersue for damages

A set of boxes at a crisis pregnancy center in Wakulla County, Florida, with information about pregnancy options. Two states, Kansas and Wyoming, recently enacted laws preventing government regulation of crisis pregnancy centers based on model legislation from conservative legal advocacy group Alliance Defending Freedom. (Photo by Nada Hassenein/Stateline)
States with and without abortion bans are advancing bills that would shield anti-abortion pregnancy resource centers from certain government mandates and attempts at regulation, allowing them to sue for damages if any part of the law is violated.
At least four states introduced the legislation this session, and two of them, Kansas and Wyoming, made it law. Montana also passed a similar law in 2025. The bills are still pending in Oklahoma and New Hampshire.
They are based on model legislation drafted by the Alliance Defending Freedom, a conservative legal advocacy group that represented one of the large umbrella organizations for pregnancy centers around the country, National Institute of Family and Life Advocates, when the California government attempted to regulate the centers in 2018 by requiring signage to be placed informing clients of available abortion options at state-funded clinics.
“This really just reflects the legal reality that pregnancy care centers have been hauled into court when they’ve decided they are not interested in pushing abortion and (the government is) going to make them,” said Kristi Hamrick, vice president of media and policy for the anti-abortion group Students for Life Action.
Many crisis pregnancy centers are faith based, with a mission of preventing anyone who walks in from choosing an abortion. In a recent 50-state analysis, States Newsroom found that 21 states allocated more than $491 million of taxpayer funds to crisis pregnancy centers since the U.S. Supreme Court’s Dobbs decision in 2022 that upended federal abortion rights. Medical experts, including the American College of Obstetricians and Gynecologists, say the centers can endanger public health by delaying legitimate health care and some centers that advertise services like free ultrasounds can miss diagnoses like ectopic or molar pregnancies, which are nonviable and can be life-threatening conditions.
The centers have also been criticized by advocates for misleading potential clients about their services, making it look like they provide abortion care, and for promoting treatments like abortion pill reversal that are unproven and potentially dangerous.
California’s law, which the U.S. Supreme Court struck down in 2018 on free speech grounds, also mandated disclosure if the pregnancy resource center was unlicensed. Violators would be fined $500 for a first offense.
Hamrick said the center protection bills are an “inoculation” against what she called malicious lawsuits that would punish them for refusing to go against their anti-abortion mission.
Samantha Nagler, a legal fellow with the Equal Justice Works program at Gender Justice, said the bills are carving out an area of health care where providers can omit information during a visit and face no consequences for it.
“No other health care provider I can think of is just exempted from regulation,” Nagler said.
Israel Cook, legislative counsel for the Center for Reproductive Right’s policy and advocacy team, said this type of legislation is becoming more popular as reproductive rights advocates push for regulation of crisis pregnancy centers.
Colorado passed a law in 2023 making it a deceptive trade practice to disseminate any public advertisement that indicates a facility provides abortions or emergency contraceptives when they do not. The law included a similar provision barring advertisement of abortion pill reversal, but a federal judge blocked enforcement of that part of the law in August. Alliance Defending Freedom also assisted with that lawsuit.
“It’s very scary for (the centers) to not be on the hook for the kind of harm that they perpetuate,” Cook said.
Oklahoma sponsor: Law allows centers to ‘stay in their lane’
The bills prohibit a state or local government from adopting or enacting a law, rule, ordinance or any other type of regulation that would require a center to offer or perform abortion, make referrals for abortion or abortion medication, or post any type of advertisement or material promoting abortion or abortion medication. Every bill, with the exception of Kansas, also says the centers cannot be compelled to offer or refer for contraception.
The Kansas Legislature passed House Bill 2635 on March 12 and overturned a veto by Democratic Gov. Laura Kelly on Friday. Kelly said she vetoed it because Kansans already voted to keep the government out of private medical decisions in 2022, preventing lawmakers from passing an abortion ban. Kelly also opposes the funding that crisis pregnancy centers receive from the state on an annual basis — the legislature approved $3 million in 2025, on top of a $10 million tax credit program.
Oklahoma’s House of Representatives overwhelmingly passed a similar bill in early March, but it hasn’t yet been heard by the Senate. It was sponsored by Republican Rep. Denise Crosswhite Hader, who said it was legislation that allowed the centers to continue their mission.
Oklahoma’s bill prescribes the largest penalties with an allowance for treble damages, which means a successful lawsuit could yield three times the amount of damages proven in court. A pregnancy center would be entitled to at least $10,000.
“I don’t see abortion as care. I see abortion as ending a pregnancy,” she said on the House floor during debate. The centers want to help with continuing a pregnancy, she said, but when they avoid abortion, they’re getting sued, “and what we’re trying to do is help it so that they can stay in their lane and not fight lawsuits over and over.”
The state government allocated $18 million to a revolving grant fund for crisis pregnancy centers in 2024 that will last through November 2027.
Oklahoma has a near-total abortion ban, with no exceptions for rape or incest, only an exception to save a pregnant person’s life. With that in mind, Democratic Rep. Cyndi Munson told States Newsroom she doesn’t see the need for the legislation.
“If a private organization has a policy, they can stick to their policy. I don’t know why we need to put additional protections into law,” Munson said.
Meanwhile, Oklahoma’s health care struggles continue, according to Munson. The state ranked 46th in infant mortality in a report from the nonprofit March of Dimes, and 31st in maternal mortality. But reproductive health care in general can also be difficult to obtain. Munson said she recently had to wait an entire year to receive her annual gynecological exam because her provider is overbooked.
She worries that at a certain point, crisis pregnancy centers will be the only type of health care that’s left, especially in more rural parts of the state.
“Not every woman is looking for abortion access, but they all need reproductive health care,” Munson said.
This story was originally produced by News From The States, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.