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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
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Law banning protests near abortion clinics faces constitutional challenge | Law banning protests near abortion clinics faces constitutional challenge |
(6 months later) | |
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 | Victoria |
Abortion | Abortion |
Law (Australia) | |
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