Federal Judge Rules Mass. Abortion Buffer Zone Law Constitutional

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 28 Aug 2008 - 7:00 PST

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A Massachusetts law that expands buffer zones around abortion clinics was ruled constitutional Friday by U.S. District Judge Joseph Tauro, the AP/Boston Herald reports (AP/Boston Herald, 8/25). Tauro said the law "passes constitutional muster under the First Amendment, the Equal Protection Clause, and the Due Process Clause." He added added that the law has a "plainly legitimate sweep" and is not "impermissibly overbroad" (BNA, 8/27).

The law, which was signed by Massachusetts Gov. Deval Patrick (D) in November 2007, expands abortion clinic buffer zones from 18 feet to 35 feet. The previous law, enacted in 2000, said protesters could not go within six feet of a person in an 18-foot zone outside a clinic's doors. The law does not apply to hospitals. According to a lawsuit filed in January by several abortion-rights opponents, the law is "an unconstitutional regulation designed and intended to ban virtually all citizens from engaging in fundamental rights and liberties on significant portions of public sidewalks and streets" near abortion clinics (Daily Women's Health Policy Report, 1/23).

Attorney General Martha Coakley, whose office defended the law, praised the ruling, the AP/Boston Herald reports. Coakley said the law enhances public safety and access to medical facilities while preserving protesters' right to express themselves on public ways and sidewalks near clinics (AP/Boston Herald, 8/25).

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