Business Insider photo
SPRINGFIELD – A measure that was signed into state law by former Governor Jim Edgar in 1997 has moved into the limelight as private businesses, health care systems and now the city of Chicago begin requiring their employees get the COVID-19 vaccines or face some form of discrimination – including losing jobs and promotions – if they do not adhere to the newly-imposed mandate.
Illinois' "Health Care Right of Conscience Act" – which was passed unanimously in the Illinois Senate in 1997 and passed the Illinois House with only 2 objections – states clearly that it is "unlawful" to discriminate because of a person's "conscientious refusal" to receive health care services "contrary to his or her conscience."
Illinois Review asked Rockford attorney Austin Scott Davies if this law would apply to the COVID vaccine mandates being set into motion throughout the state and he said the provision applies directly to vaccine mandates in Illinois.
"The Health Care Right of Conscience Act protects Illinoisans from being discriminated against if they cannot in good conscience accept certain health care or treatments, regardless of whether rendered by a physician, nurse, or any person that assists in providing health care services," Davies said.
Illinois law defines one's conscience as "a sincerely held set of moral convictions arising from belief in and relation to God, or which, though not so derived, arises from a place in the life of is possessor parallel to that filled by God among adherents to religious faiths."
"To my knowledge, this law has yet to be used to protect the right of Illinoisans to be free from vaccine mandates," Davies said.
Liberty Counsel, a non-profit that provides legal representation to protect religious liberties, has been actively seeking to represent those in Illinois who have been unlawfully denied an exemption from these mandates, he said.
"In fact, they refer to this Illinois law as one of the best in the nation for protecting the right to be free from forced inoculations," Davies said.
The measure, that was co-sponsored at the time by then-State Representative Peter Roskam (R-Wheaton), also allowed for victims of discrimination based on their refusal to accept health care measures against their conscience to recover damages.
The HCRCA allows a victim of discrimination to recover threefold actual damages, including pain and suffering, and the costs of the lawsuit, including attorney fees, Davies told Illinois Review. The law also provides for minimum relief of $2,500 per violation.
Former State Rep. Jeanne Ives (R-Wheaton) told Illinois Review this information could be great news for the many people who have contacted her for help in dealing with a growing number of vaccination mandates at their places of work.
"This will be great news for those that are facing these mandates," Ives said.
From Illinois law:
More to come …
