This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/australia-news/2017/aug/03/law-banning-protests-near-abortion-clinics-faces-constitutional-challenge
The article has changed 8 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Law banning protests near abortion clinics faces constitutional challenge | Law banning protests near abortion clinics faces constitutional challenge |
| (6 months later) | |
| Anti-abortion activist charged with breaching the law claims the Victorian legislation is in conflict with the implied freedom of political expression | |
| Australian Associated Press | |
| Thu 3 Aug 2017 10.17 BST | |
| Share on Facebook | |
| Share on Twitter | |
| Share via Email | |
| View more sharing options | |
| Share on LinkedIn | |
| Share on Pinterest | |
| Share on Google+ | |
| Share on WhatsApp | |
| Share on Messenger | |
| Close | |
| A mother-of-13 has argued in court that a Victorian law banning protesters from harassing people within 150 metres of abortion clinics is discriminatory. | A mother-of-13 has argued in court that a Victorian law banning protesters from harassing people within 150 metres of abortion clinics is discriminatory. |
| Anti-abortion activist Kathleen Clubb faces one charge of engaging in prohibited behaviour within a safe access zone after she allegedly harassed a couple outside East Melbourne Fertility Control Clinic in August 2016. | Anti-abortion activist Kathleen Clubb faces one charge of engaging in prohibited behaviour within a safe access zone after she allegedly harassed a couple outside East Melbourne Fertility Control Clinic in August 2016. |
| The 51-year-old is the first person to be charged under the new law and while she doesn’t deny her actions, she believes she has the right to do what she did. | The 51-year-old is the first person to be charged under the new law and while she doesn’t deny her actions, she believes she has the right to do what she did. |
| Clubb’s barrister, Frederick Christopher Brohier, says the legislation is invalid because it impinges the implied freedom of political expression. | Clubb’s barrister, Frederick Christopher Brohier, says the legislation is invalid because it impinges the implied freedom of political expression. |
| He also says the law is being used against people with pro-life beliefs, and not those on the other side of the debate. | He also says the law is being used against people with pro-life beliefs, and not those on the other side of the debate. |
| “We say it’s discriminatory in its application because it applies to the one side of this issue,” he told the Melbourne magistrates’ court on Thursday. | “We say it’s discriminatory in its application because it applies to the one side of this issue,” he told the Melbourne magistrates’ court on Thursday. |
| Magistrate Luisa Bazzani said it appears the law was designed that way by parliament. | Magistrate Luisa Bazzani said it appears the law was designed that way by parliament. |
| “I accept it’s designed to prohibit people who are pro-life protesters from the zone.” | “I accept it’s designed to prohibit people who are pro-life protesters from the zone.” |
| But it does not mean people who are pro-choice can approach those in the exclusion zone either, she said. | But it does not mean people who are pro-choice can approach those in the exclusion zone either, she said. |
| “It would be wrong ... for me to approach and, for example, say ‘what a great job you’re doing, what a great idea having an abortion’,” Bazzani said. | “It would be wrong ... for me to approach and, for example, say ‘what a great job you’re doing, what a great idea having an abortion’,” Bazzani said. |
| “I shouldn’t be saying ‘that’s a great idea’ and you shouldn’t be saying ‘don’t do this’.” | “I shouldn’t be saying ‘that’s a great idea’ and you shouldn’t be saying ‘don’t do this’.” |
| Safe access zones near Victorian abortion clinics came into effect in May 2016 in accordance with legislation banning protesters from harassing people within 150 metres of such premises. | Safe access zones near Victorian abortion clinics came into effect in May 2016 in accordance with legislation banning protesters from harassing people within 150 metres of such premises. |
| Under the law, it is an offence to communicate with people entering or leaving in a way that is “reasonably likely to cause distress or anxiety”. | Under the law, it is an offence to communicate with people entering or leaving in a way that is “reasonably likely to cause distress or anxiety”. |
| “When you come to consider whether this law offends the implied freedom of communication ... it affects all of Victoria,” Brohier said. | “When you come to consider whether this law offends the implied freedom of communication ... it affects all of Victoria,” Brohier said. |
| The Victorian government is standing firm against Clubb’s constitutional challenge. | The Victorian government is standing firm against Clubb’s constitutional challenge. |
| “The state is here to uphold the validity of the law,” crown counsel Melinda Richards SC said. | “The state is here to uphold the validity of the law,” crown counsel Melinda Richards SC said. |
| She will outline the Victorian attorney general’s submissions on Friday. | She will outline the Victorian attorney general’s submissions on Friday. |
| Victoria | |
| Abortion | |
| Australian law | |
| Share on Facebook | |
| Share on Twitter | |
| Share via Email | |
| Share on LinkedIn | |
| Share on Pinterest | |
| Share on Google+ | |
| Share on WhatsApp | |
| Share on Messenger | |
| Reuse this content |