The Alliance Defending Freedom (ADF), a conservative legal organization, is defending First Choice Women’s Resource Centers, a Christian pro-life nonprofit, in federal court against New Jersey Attorney General Matthew Platkin.
ADF argues that Platkin’s subpoena, which seeks a decade’s worth of donor information, internal documents, and communications, unfairly targets the nonprofit for its religious beliefs and advocacy for life.
The case, Platkin v. First Choice Women’s Resource Centers, was heard at the U.S. District Court for the District of New Jersey’s Trenton Division. ADF attorneys have asked the court to block Platkin’s demands, claiming they violate First Choice’s constitutional rights to free speech, religious practice, and association.
Erik Baptist, senior counsel and director of the Center for Life at ADF, was present in the courtroom this week. He told CatholicVote that oral arguments on Tuesday focused on procedural questions and have yet to get to the merits of the case. He said the case has been bounced back and forth between federal and state courts several times because judges have declined to affirm jurisdiction.
The conflict began in November 2023, when Platkin issued a subpoena requiring First Choice to provide extensive records, including internal communications, client and donor details, and promotional materials. ADF argues that these demands are burdensome and designed to drain the organization’s resources.
First Choice operates five locations across New Jersey and provides free services, such as ultrasounds, pregnancy tests, parenting education, counseling, and baby supplies. The nonprofit, which has assisted more than 36,000 women during its nearly 40 years of operation, also offers abortion pill reversal (APR), a service for women seeking to reverse medication-induced abortions. All staff and volunteers at the center are required to adhere to a Christian statement of faith that emphasizes that life begins at conception.
ADF Senior Counsel Lincoln Wilson, who argued the case in court, criticized the attorney general’s actions as politically motivated, noting that First Choice’s services offer a faith-based alternative to abortion.
“New Jersey’s attorney general is making a political example of First Choice simply because it provides pro-life and religious alternatives to his extreme pro-abortion viewpoints,” Wilson said in a statement.
Platkin, who was appointed in 2022 by New Jersey Governor Phil Murphy — a vocal supporter of abortion — has repeatedly clashed with pro-life organizations. Platkin publicly criticized the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, as a “devastating setback for women’s rights.” He also created a $5 million grant program to expand abortion training and increase the availability of abortion providers throughout the state.
According to the lawsuit filed by ADF, Platkin collaborated with abortion giant Planned Parenthood to draft a “consumer alert,” labeling pro-life pregnancy centers like First Choice as providers of “false or misleading information.”
ADF argues that the AG’s actions against First Choice violate several constitutional protections. ADF lawyers argue that Platkin’s subpoena infringes on First Choice’s First and 14th Amendment rights by discriminating against its viewpoint, hindering its religious expression, and undermining its ability to associate freely with donors and volunteers.
ADF contends that the subpoena is a form of retaliation for First Choice’s constitutionally protected advocacy of pro-life values. They argue that the demands, which include revealing the identities of donors and communications with partners, violate the First Amendment’s protection of free association. Additionally, the suit claims that Platkin’s selective targeting of First Choice constitutes unlawful viewpoint discrimination, as his office has not issued similar actions against abortion providers like Planned Parenthood.
The lawsuit also asserts that the AG’s demands infringe upon First Choice’s religious freedom under the Free Exercise Clause of the First Amendment. ADF argues that the state is treating the Christian nonprofit more harshly than secular organizations because of its religious beliefs, which they claim amounts to unconstitutional interference.
“It’s unlawful for New Jersey’s attorney general to use the authority of his office to harm those with whom he disagrees,” ADF Senior Counsel Lincoln Wilson said. “Attorney General Platkin has aligned himself with Planned Parenthood’s pro-abortion mission and even enlisted its help to target pro-life pregnancy centers like our client First Choice.”
ADF attorneys are urging the court to halt Platkin’s investigation, stating that the attorney general’s demands impose an unnecessary burden on First Choice’s limited resources. “We are urging the court to protect First Choice from these burdensome demands and uphold its First Amendment rights,” Wilson said.
Baptist told CatholicVote that the outcome of the case could have significant implications for the future of pro-life pregnancy centers and their ability to operate without government interference, as the case is the first of its kind in federal court. If the court rules in favor of ADF, Baptist said, it could set a precedent for the protection of pro-life pregnancy centers, which have increasingly been targeted since the Dobbs decision, as CatholicVote has tracked. A decision is expected in the coming months.