Rep. Kalish Addresses His 'Present' Vote On Illinois Abortion Law

LINCOLNWOOD, IL — Rep. Yehiel "Mark" Kalish, the freshman state representative appointed to replace Rep. Lou Lang, offered his first public explanation this week for his controversial "present" vote on a sweeping abortion rights bill.

Kalish read a prepared statement and took questions from constituents Monday at a town hall event at the Lincolnwood Public Library. Many of the questions from attendees concerned his decision not to vote for or against Senate Bill 25 — the Reproductive Health Act, or RHA.

On May 28, the Illinois House voted 64-50 in favor of the bill, which repealed abortion restrictions that federal courts currently deem unconstitutional, established women's "fundamental right" to an abortion and declared a "fetus does not have independent rights." Seven Democrats in the House voted against the RHA, three others joined Kalish in voting "present."

Gov. JB Pritzker said Illinois was taking a "giant step forward for women's health" at a time when many states are increasing restrictions on abortion rights. In a statement after he signed the bill on June 12, Pritzker said the RHA gave women and their doctors responsibility for making decisions about contraception, abortion and other reproductive care.

"The Reproductive Health Act ensures that women’s rights in Illinois do not hinge on the fate of Roe v. Wade, or the whims of an increasingly conservative Supreme Court," Pritzker said. "In this state, women will always have the right to reproductive health care."

Reading from a prepared statement at the Lincolnwood event, Kalish said the day of the vote on the RHA had been "incredibly emotional." He said he had originally hoped to support the bill.

"The bill contains lots of good, in terms of what the law will do for health care providers, medical professionals, insurance companies and, of course, the women in need," Kalish said, adding that he had worked with sponsors to correct unspecified issues with the bill.

"But as the legislation was developed, it became clear to me that my Orthodox Jewish values and beliefs were not aligned with some core components of the legislation, I had to make a personal decision based on my conscience," said Kalish, the first rabbi in the Illinois state legislature.

Kalish said he called the RHA's lead House sponsor, Rep. Kelly Cassidy, and explained he could not vote for the bill. He said Cassidy was "highly disappointed" in his vote, but he would have voted the same whether his vote was needed for passage or not.

After his "present" vote, Kalish said he turned off his phone for days, while he and his staff "shut down social media and my email." He declined a request for an on-the-record interview about his first term in the state legislature.

"My biggest mistake when it comes to the RHA was not being in touch with my true position on this bill earlier in the process and letting you know what it would be. For that I'm sorry," Kalish told attendees.

"Our government leaders, like the leaders of the Bible, are not without flaw. Like mine, their flaws are on full display for all the world to read in plain text in the most popular book ever written or the most popular newspapers to be sold," he said. "But God forgives true repentance, and so, I hope, will mankind."

Kalish's 16th House District includes Skokie, Lincolnwood, Morton Grove and parts of Chicago's North Side. From July 1987 until January of this year it had been represented by Lou Lang, a former deputy majority leader of House Democrats.

Lang won election to a 17th term in office last November before receiving and accepting an offer to become a partner in the lobbying firm Advantage Government Strategies. He resigned from the House two days before he was due to be sworn in.

Kalish, a 43-year-old lobbyist who had never before sought elected office, was selected by Lang and his fellow local Democratic Party Committeeman, former state Sen. Ira Silverstein. Former Ald. Pat O'Connor had a small share of the vote and did not attend the nominating presentations. Each of the candidates gave much the same answers to questions posed during the selection process, Lang told Patch in January.

"It was important to me that I send someone down there who shares my values on important issues," Lang said. "Choice, labor, gay rights, minimum wage, progressive income tax, the need for a capital bill, all of these things were asked of every person."

When asked at his recent town hall about the replacement system, Kalish said he had not heard of party committeemen before seeking the appointment. He said he would be open to a change in the system, but also noted many leading lawmakers had begun their careers in Springfield by being appointed.

"The question is should there be a different system? Should there be a new election process? I am happy with that. To me, I would be fully supportive if somebody would introduce that legislation," Kalish said. "It would be weird if I would introduce that legislation, but if somebody did introduce that legislation I'd love to see what that legislation said."

Kalish's June 24 Lincolnwood town hall was attended by protesters in "Handmaid's Tale" costumes, and local activists have circulated a petition calling for his resignation. Several attendees who addressed the representative at the event said they would no longer support him.

"I feel betrayed, and I feel lied to, and I want to know: either you do support the right of women to choose [or not]," one attendee said. "We are paying attention and we see reproductive rights as part of womens' health and should be protected and defended."

Another attendee said Kalish's staff had assured her he would support the RHA prior to his eventual "present" vote and questioned how the representative could be trusted.

"How can we believe you when you say 'I am going to vote 'X' way' that you're not going to change you mind at the last minute?"

Moderator Caren Ex, of event sponsor Lincolnwood Together, repeatedly asked Kalish if he was willing or able to share the specifics of his dilemma on his vote on RHA.

"I really don't know if I'm able to share. Like most feelings of conscience. It was a feeling that I could not vote for that bill. And at the same time, as I mentioned earlier, I could not vote against the bill," Kalish said. He offered to discuss the details of the legislation with individuals by appointment.

"I don't think this vote was so much about what was in the legislation so much as what was going on with you, the legislation comes and goes," Ex said. "People want to know what was it in your mind or in your soul or your heart."

When asked his position on what's likely to be the next abortion rights issue, elimination of the requirement that girls under 18 must inform a parent or a judge they seek an abortion, he said he expected to support such a bill.

"I'm in favor of the right of the teenager," Kalish said.

"And we can trust this?" he was asked.

"You'll see. I don't know," he said.

Constituents also questioned why Kalish had donated to the campaigns of Republican candidates, including former U.S. Rep. Peter Roskam and former Wisconsin Gov. Scott Walker. Kalish said his firm was representing companies that were doing business in the state or in Washington, D.C., and Wisconsin law does not allow corporate political contribution.

"They asked us to participate, we participated. The same was true with Roskam," Kalish said. "If you look at my donations to Democratic candidates throughout the years, they way outpace anything I gave to Republicans."

Kalish told town hall attendees that they may not agree with every vote he took this session but suggested his largely progressive constituency could be satisfied with their representative in Springfield.

"The votes speak for themselves," Kalish said. "So you can look at my votes, you can look at my votes in committee, you can look at my votes on a myriad of issues, I don't think the people in this room will disagree with 99 percent of what I voted on this year."

In a statement summarizing the end of his first legislative term in Springfield, Kalish said House Democrats passed "real, progressive reforms that put Illinois on a better path," citing his support for eliminating the flat income tax, gender equality and access to quality health care. It did not address his "present" vote on the RHA.

Earlier:

• Rabbi, CEO Of Lobbying Firm Appointed To Replace Lou Lang
• Longtime Rep. Lou Lang Resigns To Become Partner In Lobbying Firm
• Pritzker Signs Abortion Bill, Calls It 'A Giant Step Forward'
• Illinois House Passes Abortion Rights Bill