Family Life League v. Department of Public Aid

493 N.E.2d 1054, 112 Ill. 2d 449, 98 Ill. Dec. 33, 1986 Ill. LEXIS 266
CourtIllinois Supreme Court
DecidedMay 21, 1986
Docket62137
StatusPublished
Cited by35 cases

This text of 493 N.E.2d 1054 (Family Life League v. Department of Public Aid) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Family Life League v. Department of Public Aid, 493 N.E.2d 1054, 112 Ill. 2d 449, 98 Ill. Dec. 33, 1986 Ill. LEXIS 266 (Ill. 1986).

Opinion

CHIEF JUSTICE CLARK

delivered the opinion of the court:

Does the State Records Act (Ill. Rev. Stat. 1979, ch. 116, par. 43.4 et seq.) require the disclosure of the names of providers of abortion services, the number of abortions performed, and the amounts paid for those services under the Medicaid program?

This is the question we are presented with in this appeal. The Family Life League and certain of its members and officers (the plaintiffs) brought an action for mandamus seeking to require the Illinois Department of Public Aid to provide a list of physicians, hospitals, and other service providers (the providers) who have furnished abortion services under the Illinois Medicaid program to recipients from 1978 to the present. The plaintiffs also sought to determine the number of abortions performed and the amounts of money received by the providers for such services. Plaintiffs claim entitlement to the information pursuant to the State Records Act (the Act) (Ill. Rev. Stat. 1979, ch. 116, par. 43.4 et seq).

The Department of Public Aid and its director (the defendants) maintain that nothing in the Act requires them to create a “special abortion” list as requested by the plaintiffs. In addition, the defendants allege that providing such information would cause “the unwarranted invasion of the providers’ and recipients’ rights to privacy.”

Upon plaintiffs’ motion for a judgment on the pleadings, the circuit court of Cook County ordered the defendants to make available, at plaintiffs’ expense, a list of providers under the Medicaid program who performed abortion services for recipients. However, the circuit court denied the plaintiffs access to the information on the numbers of abortions performed and the amounts of money received by each provider.

Plaintiffs appealed to the appellate court and the defendants cross-appealed, at which time the Illinois State Medical Society was granted leave to intervene as a cross-appellant. In addition, the Roger Baldwin Foundation of the American Civil Liberties Union (ACLU), Inc., was granted leave to file a brief amicus curiae. The majority of the appellate court reversed and remanded to the circuit court, finding that disclosure of the information requested by the plaintiffs would invade the recipients’ constitutional right of privacy to make and effectuate their abortion decisions. (132 Ill. App. 3d 929, 933.) The plaintiffs filed the current appeal before this court, at which time the Americans United for Life Legal Defense Fund was allowed to file a brief amicus curiae.

The plaintiffs relied in particular upon the following provisions of the Act, which are cited here in pertinent part:

“Reports and records of the obligation, receipt and use of public funds of the State are public records available for inspection by the public.” Ill. Rev. Stat. 1979, ch. 116, par. 43.6.
“Any person shall have the right of access to any public records of the expenditure or receipt of public funds *** for the purpose of obtaining copies of the same or of making photographs of the same.” Ill. Rev. Stat. 1979, ch. 116, par. 43.7.

The defendants, while admitting they are subject to the Act, raise four arguments as to why the records in question should not be disclosed:

(1) Making the records available would directly infringe upon the recipients’ right of privacy.

(2) Making the records available would have an inhibiting effect on the number of providers willing to participate in the Medicaid abortion program, thus indirectly infringing on the recipients’ right of privacy.

(3) Making the records available would invade upon the providers’ right of privacy.

(4) The disclosure of the information sought would require the creation of a “new record” by the defendants.

We believe that none of these arguments set forth by the defendants are legally sufficient to prevent disclosure.

The Act does contain a general privacy exemption:

“Nothing in this section shall require the State to invade or assist in the invasion of any person’s right to privacy.” Ill. Rev. Stat. 1979, ch. 116, par. 43.6.

The defendants initially argue that the disclosure of the information would directly invade the recipients’ right of privacy. Such an argument is impotent. The plaintiffs have requested disclosure of information which concerns the identity of the providers. The plaintiffs have not requested any information concerning the identity of recipients. This court shares the defendants’ concern for the protection of the recipients’ privacy; however, we do not believe that disclosure of the information sought would have any direct impact on the recipients’ right of privacy.

The defendants then seem to alter the thrust of their argument by arguing that such disclosure would at least indirectly invade the recipients’ right of privacy. The defendants base their premise on the theory that by divulging this information concerning the providers “it might have an inhibiting effect on the number of providers willing to participate” in the Medicaid abortion program, and they argue that this result will violate the holding in Roe v. Wade (1973), 410 U.S. 113, 35 L. Ed. 2d 147, 93 S. Ct. 705.

In Roe v. Wade, the Supreme Court first recognized a fundamental constitutional right of privacy which encompasses a woman’s decision of whether to terminate her pregnancy. That right of privacy guaranteed by the penumbra of the Bill of Rights of the United States Constitution was also secured by the drafters of the 1970 Constitution of the State of Illinois. Ill. Const. 1970, art. I, secs. 6, 12.

The Supreme Court has also noted that because abortion is a medical procedure requiring the advice and assistance of medical personnel, a woman, to fully vindicate her fundamental rights, needs to have available to her a physician who is free to exercise his best medical judgment. See City of Akron v. Akron Center for Reproductive Health, Inc. (1983), 462 U.S. 416, 76 L. Ed. 2d 687, 103 S. Ct. 2481.

The defendants reason that disclosure of the names of providers of abortion services would subject those physicians to the pressure of special interest groups. This would, in turn, result in fewer physicians willing to perform Medicaid abortions, thus adversely affecting a woman’s need to have available to her a physician. This contention was erroneously supported by the appellate court majority, which stated:

“[I]f physicians are unable or unwilling to perforin legal abortions for welfare recipients because of arbitrary outside restraints, welfare recipients would not be able to give effect to their constitutional right of privacy to obtain an abortion within the ambit of Roe v. Wade.’’ 132 Ill. App. 3d 929, 932.

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Bluebook (online)
493 N.E.2d 1054, 112 Ill. 2d 449, 98 Ill. Dec. 33, 1986 Ill. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/family-life-league-v-department-of-public-aid-ill-1986.