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Are Abortion Clinics About to Lose Their Buffer Zones?

Are Abortion Clinics About to Lose Their Buffer Zones?

Heated scenes outside reproductive health clinics are a familiar sight in many parts of the United States, with patients fighting their way through a crowd of protesters to access services including not just abortions but also prenatal care, pregnancy testing and routine health screening. In some cases, escorts make themselves available to help patients navigate a gauntlet that can include people who scream obscenities, wave graphic signage and entreat people not to enter the building. Consequently, many states have some form of a “buffer zone” law, requiring people to keep their distance from a clinic unless they’re entering the clinic or passing through the zone to get somewhere else.

All that could change, though, if anti-abortion advocates have their way in a recent Supreme Court case. The case involves the buffer law in Massachusetts, which requires people to keep a 35-foot zone around clinic entrances and exits clear. Like laws in other states, the Massachusetts law is intended to protect the health and safety of patients, and it also protects care providers, who might otherwise be harassed by protestors while trying to get to work.

Yet, the plaintiff in the case claims the buffer zone restricts her First Amendment rights; and she’s an ideal (and carefully chosen) plaintiff for a test case to push the barriers when it comes to buffer zones, because she’s a self-described “plump grandma,” a cheerful-looking, warm, friendly woman who looks as though she should be handing you a plate of oatmeal chocolate chip cookies, not a picture of a dead fetus.

Historically, the Supreme Court has favored buffer zones, agreeing that while free speech is an issue, the First Amendment rights of people outside the zone are not impeded — they can still communicate and interact with people, while the zone provides much-needed space so people can conduct their daily business. Moreover, buffer zones have also been defended in the case of polling places (no electioneering may take place within the buffer zone, for obvious reasons), funerals and a variety of other settings.

Yet, this Supreme Court is markedly more conservative. In 2011, it defended the right of anti-gay protestors to picket the funerals of dead soldiers, and some Supreme Court watchers suspect the Massachusetts buffer zone law may be struck down in whole or in part. This could be a disaster for reproductive health clinics in that state, but also in others, because once one such law falls, others are easier to attack. This could mean that even as the country’s views on abortion access and reproductive rights become more polarized, patients will have fewer protections on their way to seeking medical care.

Ironically, the Supreme Court itself has the largest buffer zone in the United States, banning protests and demonstrations on the plaza that lies in front of its formidable edifice. We won’t know the outcome of this case until the summer, but if the Supreme Court rules against the rights of women to peacefully and privately seek medical care as it has against the families of US soldiers who want to grieve in peace, it raises the question: what entitles the Supreme Court to the luxury treatment when it comes to buffer zones?

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Photo credit: Bruno Sanchez-Andrade Nuņo.

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81 comments

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4:31PM PST on Jan 27, 2014

TY

2:27PM PST on Jan 26, 2014

Dianne T. I am afraid that before buffer zones were enforced, what you described is exactly what used to happen. At one of the clinics where I used to work before I was employed there, in the height of the Operation Rescue movement in the late 1980s to early 1990s the protestors would force their way en masse into the clinic and do sit-ins in the lobby and up and down the hallway--bicycle locked to each other singing children's Bible songs and chanting while women continued forward with their appointments. By the time I was employed, there was an injunction and a buffer zone and our security usually kept things in check... but if any of us employees ever dared felt the need to complain about how particularly nasty one/some of the protestors were being any given day, we were treated to stories and photographs and news clippings and news video footage of just how nasty things once were! These are very scary times we may be returning to... thanks to all who have and may continue to be escorts!! Bless you!

6:55AM PST on Jan 25, 2014

Karen, I'm afraid hypocrites like "Grandma" never see themselves as the meddling messes they really are!

How DARE they insert themselves and their dogma into other women's lives?

Imagine crowds of rabid vegans harassing patrons of a meat market?

Imagine the same crowds of rabid Jews outside a barbecue restaurant?

Wouldn't happen, would it? That's because MEN might be involved...men who strike back!

Women need to be more assertive....I love the police whistle idea! How about small air horns?

10:08AM PST on Jan 24, 2014

Joseph G.
“Caroke~~

Buy a "police" whistle. It can REALLY move eardrums.”

the whistles I have are from when I worked or Pacific Northwest Trail. They're for in case one gets lost in the woods, they are quite loud.

2:26PM PST on Jan 23, 2014

They should hawk up the biggest loogie they can manage, then "sneeze" it onto the face of the nearest protester. Then they can blow their whistle if anyone is still within their range.

2:02PM PST on Jan 23, 2014

Caroke~~

Buy a "police" whistle. It can REALLY move eardrums.

1:03PM PST on Jan 23, 2014

@Karen ROFLMAO!!!!! especially the song that follows. thanks dudet! Denozo is JFC. hehehehehehehe

12:32PM PST on Jan 23, 2014

For those who missed the penile probe...
http://www.youtube.com/watch?v=ahdR6aHQvMQ&list=PLGlvdVFOAMsRymYN-xrLOPkMLXdpO8jAv

If women have to submit to an ultrasound, men should have to submit to a penile probe.

10:36AM PST on Jan 23, 2014

I can scream really loud, so loud in fact, it leaves ppls ears ringing. Perhaps, I could wander thru the anti-choice folks and if they try to stop me I’ll just let go with a blood curdling scream. After all it 'is' my 1st amendment right to express myself. I also have a whislte I can blow, 'cept I can scream louder than my whistle.

10:02AM PST on Jan 23, 2014

RW
“If the Supremes strike down the buffer zone I think we should eliminate the buffer zone protecting them as well!”

I believe the supreme court has a 350 foot buffer zone.

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