Since the historic Dobbs decision that overturned Roe v. Wade, a growing divide has emerged in how states approach care for women and men facing unplanned pregnancies.
Two recent legislative developments illustrate this national shift—and the resulting implications for pregnancy resource centers.
In what could be described as a tale of two states, Illinois is advancing a policy that would require pregnancy centers to counsel or refer for abortion services, while South Carolina has introduced a tax credit to encourage support for pregnancy centers and other charitable organizations.
In Illinois, the National Institute of Family and Life Advocates (NIFLA) and three pregnancy centers are currently appealing a district court decision involving a state law that requires pregnancy centers to provide abortion-related information. Attorneys with Alliance Defending Freedom are representing the plaintiffs in the case, National Institute of Family and Life Advocates v. Treto.
In April 2025, an Illinois district court issued a split ruling, finding that one provision of the law forcing centers to promote abortion and its supposed “benefits” is unconstitutional compelled speech. However, the court upheld a separate provision requiring centers to refer for abortions, ruling that it does not violate their speech or conscience rights. The appeal now centers on whether the government can require these referrals without infringing on First Amendment protections.
“No one should be forced to express a message that violates their convictions, and compelling people to refer others for abortions does that,” said ADF Of Counsel Erin Hawley. “The U.S. Supreme Court held in NIFLA v. Becerra that forcing people to promote abortion is unconstitutional.”
In NIFLA v. Becerra (2018), the U.S. Supreme Court ruled that the government cannot force pregnancy centers to promote abortion services, finding such requirements violate the First Amendment’s protection against compelled speech.
In April, the South Carolina House of Representatives voted 95-0 to make a state income tax credit available for donations to approved charitable organizations, including pregnancy resource centers, crisis pregnancy centers, maternity homes and residential programs serving survivors of human trafficking. The bill has passed both chambers and now awaits the governor’s signature to become law.
A House GOP Statement cited the role of pregnancy centers in supporting the “culture of life” by providing services like diapers, formula, testing, ultrasounds, clothes, housing, and more.
Supporters say the Pregnancy Care Tax Credit Act strengthens a network of community-based services that provide material assistance, counseling and housing support, particularly for women navigating unplanned pregnancies or difficult circumstances. By offering a dollar-for-dollar tax credit instead of a standard deduction, the bill is designed to increase charitable giving and expand resources for these organizations statewide.
“It’s about trying to incentivize people to make those private contributions to support these centers and these homes,” said Rep. Steve Long, in a Life Site News article.
“It is really hard to start a family and grow a family in the current economy… by providing these sorts of tools to those private, resource centers and maternity homes, we’re able to give those people what they need to be able to start a family.”
Supporters say the legislation represents a meaningful step toward expanding support for pregnancy centers and the communities they serve.
“The Pregnancy Care Tax Credit Act is a win-win-win for South Carolina,” said Dr. Jameson Taylor for AFA Action, the governmental affairs affiliate of the American Family Association. “This bill will unleash millions of dollars in private funding to nonprofits doing good in the state.”
Since Dobbs, abortion policy has shifted to the state level, where approaches continue to diverge. In a March 2026 episode of The Briefing, Al Mohler described the landscape this way: “Right now you have some states that are very liberal on abortion, other states that are very pro-life on abortion… It’s still a muddled mess in the United States.”
