A Denver resident, Wendy Faustin, has filed a federal lawsuit against Colorado Governor Jared Polis, challenging a state law that prohibits protests within an 8-foot radius of healthcare facilities. Faustin, a staunch pro-life advocate, argues that the law hinders her ability to carry out her religious duty and violates her First Amendment rights.
Faustin firmly believes that abortion is a "horrific moral wrong" and feels compelled by her religious beliefs to engage in "sidewalk counseling" outside abortion clinics. Her intention is to establish connections with women and persuade them to choose alternatives to abortion. However, a long-standing Colorado law criminalizes approaching individuals outside abortion clinics with the intent to protest or educate, effectively impeding Faustin's mission. Even on public sidewalks, she is required to maintain an 8-foot distance. Violations of this law can result in a $300 fine and up to 10 days in jail.
Roger Byron, Faustin's attorney from the First Liberty Institute, argued that the government should not target life-affirming speech merely because it disagrees with the message. He called such action unlawful viewpoint discrimination and emphasized that approaching others in a loving and compassionate manner to discuss alternatives to abortion should not be criminalized.
The lawsuit filed by Faustin claims that the Colorado law, along with a similar Denver ordinance, is content-based and exhibits bias towards a specific viewpoint. It argues that the ban on approaching women outside abortion clinics discriminates based on speech content and viewpoint, as it solely applies to speech related to protest, education, or counseling.
Faustin contends that the law unfairly favors one side of the abortion debate, allegedly protecting the "unwilling listener's interest in avoiding unwanted communication from pro-life speakers." In her pursuit of justice, she seeks to overturn the Colorado law by citing the recent Supreme Court decision in Dobbs v. Jackson Women's Health Organization. This decision, which overturned abortion protections established by Roe v. Wade in 1973, has prompted Faustin to request the court to reconsider the precedent set by Hill v. Colorado, a case where the Supreme Court previously upheld the state law. It is worth noting that three associate justices, namely Anthony Scalia, Anthony Kennedy, and Clarence Thomas, dissented in the Hill v. Colorado case.
Following the Dobbs decision, Colorado lawmakers took steps to codify the right to seek an abortion into the state constitution and expand protections for individuals seeking to terminate pregnancies.
Apart from suing Governor Polis, Faustin has named Attorney General Phil Weiser and several district attorneys, all of whom are Democrats, as defendants in her lawsuit. She seeks a court declaration that the Colorado law infringes upon her right to free speech and requests an injunction to prevent the enforcement of the law by the named defendants.
Representatives from the attorney general's office declined to comment on the lawsuit, while the governor's office has not yet responded to the request for comment.
Comments