ILLINOIS (ECWd) –
The Illinois Health Care Right of Conscience Act, 745 ILCS 70, protects people from government and businesses inquiring into or mandating any health care issues. This particular law was brought to our attention by Shelby County Board member Dereck Pearcy several months ago. As we waited for multiple attorneys to validate Pearcy’s understanding as well as ours, we now see we finally have lawyers chiming in.
Illinois Review recently published an article on this subject (here), and we urge our readers to mosey on over there to read it.
We urge everyone to read this law and apply it as they see fit.
In September of 2020, an Illinois Court upheld this Act in determining in a preliminary Motion that Nurses can recover triple damages under the Right of Conscience Act – even against public employers and that this Act trumps other older and less specific laws, including TORT. This case was filed in 2016 and has not had a final ruling yet. The next hearing is scheduled for September 16, 2021, in Winnebago County Circuit Court.
Particularly, the Act states the following:
Section 2 states Illinois’ public policy on the issue:
. . . It is the public policy of the State of Illinois to respect and protect the right of conscience of all persons who refuse to obtain, receive or accept, or who are engaged in, the delivery of, arrangement for, or payment of health care services and medical care whether acting individually, corporately, or in association with other persons; and to prohibit all forms of discrimination, disqualification, coercion, disability or imposition of liability upon such persons or entities by reason of their refusing to act contrary to their conscience or conscientious convictions in providing, paying for, or refusing to obtain, receive, accept, deliver, pay for, or arrange for the payment of health care services and medical care. . .
Section 3 defines “Health Care” to include any phase of patient care, including, but not limited to testing, diagnosis, and medication, among others.
Section 5 determines that discrimination is unlawful by stating that it shall be unlawful for any person, public or private institution or public official to discriminate against any person in any manner . . . because of such person’s conscientious refusal to receive, obtain, accept, etc., any particular form of health care. . .
Section 7 prohibits discrimination by employers or institutions – by stating that it is unlawful for any public or private employer, entity, agency, institution, official or person, etc., to deny admission because of . . . to orally question about . . . any forms of health care services contrary to his or her conscience.
Section 8 prohibits denying aid or benefits and declares any such denial as unlawful . . .
“It shall be unlawful for any public official, guardian, agency, institution or entity to deny any form of aid, assistance or benefits, or to condition the reception in any way of any form of aid, assistance or benefits, or in any other manner to coerce, disqualify or discriminate against any person, otherwise entitled to such aid, assistance or benefits, because that person refuses to obtain, receive, accept, perform, assist, counsel, suggest, recommend, refer or participate in any way in any form of health care services contrary to his or her conscience.”
Section 12 of this Act provides that any person injured by anyone may file a lawsuit seeking treble damages and payment of costs and attorney fees incurred in the filing of such a suit and that the damage remedies are cumulative – meaning not the exclusive form of remedy and can be used in addition to other remedies.
27 Comments
Jack Kowalski
Posted at 10:59h, 07 SeptemberAnyone knows if a governor mandate “trumps” the constitution?
PK
Posted at 22:01h, 28 AugustOther than this matter, authority/power attitude, there’s no comparimg Shelby County and the Rochester Fire Protection District. Mr. Allen is alresdy on record for having properly informed the RFPD about the matter a month or so ago.
*why I support the Edgar County Watchdogs!
Tonyg
Posted at 15:07h, 28 AugustThis needs to get to all Doctors who are family practitioners, not to keep asking their patients, why don’t you want to take the shots ? As long as we mask up, what’s the problem. And really , how many people don’t get the shot, and still Don’t wear masks, because they don’t want to. So who’s bullshitting us. I don’t want To Get it, And even so I don’t want to get it. I’m thinking Of myself and everyone around me.
Cade
Posted at 19:41h, 28 AugustMasks don’t work either, even the CDC has admitted that. The N95 mask is better, but also not fail-proof. Gov Prickster is going to spend our tax money on buying N95 masks for every student in Illinois, regardless of the high survival rate. If a parent is afraid that their child will get sick, then the child should be home schooled. If home schooling is not practical for the parents, ya know what . . . Too bad. The rest of the students shouldn’t be subjected to your limitations.
Cade
Posted at 19:43h, 28 AugustTony, you absolutely should not get the jab if you don’t want to. We must maintain our God-given freedom.
Golden Country
Posted at 19:36h, 27 AugustSection 5 is clear. No public or private institutions can discrimate against any person refusing the vaccine. Cant wait to see how colleges and businesses mandating the vaccine get out of this one.
Its time for the judicary to start ruling based on clear readings of the law and not based on emotion.
Spike Protein
Posted at 19:09h, 27 AugustThe whole idea that “science” can somehow justify suspending our civil liberties and force us to mask up, vaccinate, quarantine healthy people, suspend in-person learning, and test people indefinitely to make sure that they aren’t infected with covid needs to be squelched.
As British Rabbi Jonathan Sacks said:
“Science will explain how but not why. It talks about what is, not what ought to be. Science is descriptive, not prescriptive; it can tell us about causes but it cannot tell us about purposes. Indeed, science disavows purposes.”
In other words, science only tells us what is. It doesn’t tell us what policies to implement. Mask and vaccine mandates are the result of political science, not actual science.
If the vaccine works, then those who are vaccinated should have no reason to be concerned about the vaccination status of others or feel a need to force others to wear a mask in order to protect themselves.
Just because someone in power might think that particular items, such as mask wearing or vaccinations, are scientifically proven to be efficacious, doesn’t mean that they can be mandated on others.
Part of living in a free society means accepting the fact that other people may very well do things that one may find unscientific or inefficacious to living a healthy life.
For example, the gluttonous and lazy lifestyle that likely caused Pritzker’s gross, morbid obesity has been scientifically proven to be inefficacious to living a long and healthy life, but that doesn’t give me the right to mandate that Pritzker finally stop overeating, eat healthier, and exercise.
The concept of medical privacy protects those who don’t wish to disclose their vaccination status to their employer, school, or other people in general.
Risk is inherent in a free society. A free people assume that risk as they go about their daily lives. No more restricting our liberty under the guise of additional security.
No more mask mandates, quarantining of healthy people, lockdowns, vaccine mandates, mandatory covid testing, and other covid mandates.
Hank55
Posted at 10:43h, 28 AugustI especially love your analogy about Governor Pugsley’s healthy eating choices. We all know how often he ran from Illinois to his Wisconsin home in Lake Geneva just to gobble down those scrumptious cheese curds, while “forcing us to stay home and mask up”. We’ve seen him in restaurants in WI maskless stuffing his chubby cheeks.
Bill Sanders
Posted at 13:19h, 28 AugustObviously you are a younger person overly confident that even if you get Covid you won’t get it to bad. So you figure you’ll be just fine and you really don’t a crap about anyone else in your life or in society. I wonder how a selfish being such as yourself would look at this if we had a deadly disease that only affected people in your age group and no one else cared. We all just said screw those people-no masks, no vaccines-doesn’t affect us-just let them die. How will that feel to you, oh selfish individual who cares about no one other than yourself?
Tracey Baker
Posted at 16:28h, 28 AugustExcept the FACTS are that most people do not die from this disease. However just like regular SARS/Influenza if you have underlying health issues you are at a higher risk. These “vaccines” are just glorified flu shots at best, and why do you need one for this 98% disease?
however, even if all the hype is true and YOu are wearing your mask (that is proven to do nothing except maybe get you ill, and you are vaxed then what are you worried about? If people not following your rules get sick and die you are still safe.
Unless you are still scared of non-vaxed none masked people then you are admitting those do not work.
Pete Johlie
Posted at 18:38h, 28 AugustTypical old guy wanting society to bend around his current concerns. Turn your blinker off and go the speed limit!
Cade
Posted at 19:34h, 28 AugustObviously you do not realize that the so-called ‘vaccine’ is not a vaccine at all. It does not provide immunity, nor was it ever intended to. It simply reduces the symptoms. So, me getting the jab, doesn’t protect me, nor does my jab protect you, Likewise, your jab doesn’t protect you and it doesn’t protect me. Your virtue signaling crap doesn’t give you immunity either.
Jack Kowalski
Posted at 10:56h, 07 SeptemberI feel your fear, but it doesn’t mean that I should submit to your wishes. The life is inherently unhealthy and usually ends with the death. If you fear of getting sick or run by the drunk driver – stay home, and let other people live “dangerously”…
Cade
Posted at 19:27h, 28 AugustThe only ‘science’ involved in this COVID mess is ‘political science’.
Cade
Posted at 19:44h, 28 AugustSpot on. I couldn’t have said it better! Kudos!
Tantiv
Posted at 17:34h, 27 AugustMy company is forcing everyone back into the workplace when the majority of us can do our jobs remotely. They also have stated that if you are unvaccinated and get sick, you will not be paid for the time off while vaccinated people will. I see lawsuits in their future.
Hank55
Posted at 10:37h, 28 AugustI clearly understand, and am confused by how you do not understand, why your employer would want all their employees in a hive environment. Given the moral standards available today, if I owned a business I would want my employees working together. There is at least one employee in your company today working from home that is NOT working to the same standard they would have been working at if there were others watching. We know that “slacker” exists. Hive environments keeps transparency so no one employee can off load the burden unto others.
Cade
Posted at 19:25h, 28 AugustWow, your opinion on work-from-home arrangements is extreme. Obviously you’ve never worked from home. People that work from home actually work harder. The reason is that there are less interruptions and the concentration is much better. Your post reveals your jealousy; so sorry for you that your work day includes transportation time and its associated costs.
PK
Posted at 13:47h, 29 AugustMr. Sanders…depending on the nature of the work being performed, working remotely may not have any negative impact on workgroup performance and/or productivity. In some situations, the contrary may be true…that is, that productivity may actually increase.
I’m older than a millennial yet have a dumb smart-phone. I’m younger than a baby boomer yet can remember how to answer a rotary phone. If your management style treats employees as inherently lazy and/or lacking motivation, your company would be last on my list for investing.
Mags
Posted at 14:31h, 27 AugustIf enough people push back – something our elected officials have never dealt with – they might just start doing their jobs.
It is going to have to be forced on them by enough citizens.
RetiredCapt
Posted at 15:54h, 30 AugustJust saw Gen Flynn, doctors, lawyers, former media anchors, who all acknowledge……Stand Up, Speak Up and Show Up….to protect our rights. Thanks for your post.
Cathyann
Posted at 13:04h, 27 AugustThanks again guys for watching out for We The People I am going to bring printed copies of your article and the Illinois law to the national jab protest. One of those protests is being held Saturday, August 28 from 1 to 3pm at the corner of Golf and Meacham Roads in Schaumburg, IL. sponsored by the Tea Party Patriots
(https://www.teapartypatriots.org/). I will also be encouraging people to visit your site, signup, and make a donation.
Tom Koz
Posted at 12:17h, 27 AugustDoes this mean an employer can NOT terminate an employee for not getting a Covid vaccine ???
bbbbb
Posted at 16:09h, 01 SeptemberThe masks have toxic nanohydrogel and/or graphene oxide.Del Bigtree show does a detailed video on how quickly the co2 levels get harmful while you wear a mask of various types.None are safe,even the shields.Besides breathing your own bacteria=pneumonia,you damage your brain and heart with the co2.You all need to educate yourselves.Constitutional Article18:Code241 re. Conspiracy to deprive fellow citizens of their rights!!!!!Learn and Use this.Use Common Law.
Tracey Baker
Posted at 09:34h, 27 AugustSince when does rule of law get enforced in Illinois? Especially when it goes against the wishes or demands of those in power.
Jerry Johnson
Posted at 09:15h, 29 AugustAll these people want clean air, clean water, organic food, everything green and electric cars, but today I will try the juice that I don’t know what is in it (Blank inserts) because you won’t tell me, and in 5 years I will give you some feedback regarding its long term affects. Here is my arm now plunge it into my veins as I will try it for you. This is the craziest thing I ever heard and that is exactly what they people are doing. They could be putting strait aluminum in your veins how the heck do you know. You don’t.
b
Posted at 15:54h, 06 Septemberhttps://swprs.org/facemask has a list of metastudies supporting FACT THAT MASKS DO NOT WORK AGAINST COVD!!!!! Del Bigtree did a video on how quickly the co2 levels become dangerous while wearing different face coverings including plastic shields.You are rebreathing dangerous pneumonia-causing Bacteria!!These are foundations to sue Pritzker and health depts. For capricious and arbitrary,NOT BEST PRACTICES BASED LAWS OR MANDATES.SUE THEM ALL THEY ARE KILLING OUR COUNTRY,SOCIETY,BIZS,KIDS,US!!!!Constitutional Article18:code241:Anticonspiracy law prohibitting +2 entities from intentionally Conspiring to Deprive us of our rights!!!!!!!!Sue them all for this and fraud,sedition,treason,violating the Logan Act.