Legal Issue(s): Free Religious Exercise, Life
Court: N/A
Case Status: Pending
Center's Role: Counsel
Case Description
Gateway is a small, religious nonprofit that seeks to show the love of Christ to women and men that find themselves in a pregnancy situation. It seeks to provide tangible support and counseling and graciously and sensitively presents the Gospel of Jesus Christ to its clients, meeting physical, emotional, and spiritual needs. Gateway shares medical advice only by referring to medical offices and pointing to the expertise of other organizations and experts.
The Attorney General’s office in New Jersey began targeting pregnancy centers specifically when it established a “Reproductive Rights Strike Force” in July 2022, the month after Dobbs v. Jackson Women’s Health Org., 597 U.S. 215 (2022), was decided. In October 2022, state officials targeted and “strong-armed” Gateway into registering as a charity with the state (which it was exempt from having to do because of its religious identity and purpose). Although Gateway’s director had called the state and tried to clarify that Gateway was exempt from the charity registration, the state continued to pressure him, saying repeatedly that he must register Gateway, and threatening him with sanctions if Gateway did not register. Succumbing to the pressure, Gateway became a registered charity in June 2023, and the trap was sprung. A couple months later, in November, the AG’s office issued a subpoena to Gateway, demanding huge amounts of documents going back 10 years, including financial and donor information.
When served with the subpoena, Gateway sought legal advice and had a volunteer attorney who spoke to the AG’s office on its behalf. The AG sent emails continuing to pressure Gateway and threatening the use of additional means “to obtain compliance.” At one point, in discussing what agreement might be reached, the AG drafted language to the effect that, in exchange for a delay in the enforcement of its subpoena, Gateway would agree it “will not assert any constitutional or other objections that are similar” to those raised by another pregnancy center that was also under attack. At that time, the Center became its counsel, and Gateway refused to sign away its rights in this manner.
Gateway has been impacted financially and otherwise by this targeting. The threat that Gateway could face penalties chilled Gateway’s speech and religious practice. Based on the subpoena, it believed it could not update or alter its website, affecting its ability to serve its clients, donors, and volunteers. It also put its plan to seek and train new leadership on hold, affecting its long-term ministry plans.
The Center has engaged with the AG’s office on Gateway’s behalf, arguing that Gateway is exempt from the charity registration requirements and that the subpoena was inappropriate and unfounded government overreach. The Center wrote letters, and Center staff met with staff members and attorneys at the AG’s office, seeking to explain and clarify Gateway’s religious status and rights. The AG’s office has not responded.
