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Buffer Zone Around Reproductive Health Care Facilities Upheld

The Massachusetts law that prohibits abortion protestors from demonstrating within 35-feet of any health care facility entrance has been upheld by the First Circuit Court of Appeals in Boston. The law, which was enacted in 2007 in response to various violent incidents in the vicinity of clinic entrances, provides for a 35-foot buffer zone near any reproductive health care facility and bars anybody from entering or remaining within it unless they work at the clinic, are entering or leaving it, are public safety or other municipal officials, or are just walking through going somewhere else. The constitutionality of the statute was challenged by a group of five protesters who claimed that it infringed upon their free speech.

The First Circuit’s reasoned opinion concludes that the law does not infringe on the free speech rights of protesters, but rather, “represents a permissible response by the Massachusetts Legislature to what it reasonably perceived as a significant threat to public safety.” The Court further stated that the law is “content-neutral, narrowly tailored and leaves open ample alternative channels of [other permissible] communication.”

WBA President Michelle Peirce commented that “the WBA is so pleased, and frankly, relieved, to learn that the First Circuit has upheld this statute, which is vitally important to the safety of women and their families who seek services at any reproductive healthcare facility.” She further remarked that “the passing of this statute in 2007 was one of the WBA’s legislative priorities, and we continue to stand behind this important law. It ensures the right to free speech while creating a zone of safety for the women of this Commonwealth who go to these clinics for medical care."

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WBA Commends Iowa Supreme Court, Vermont Legislature on Same Sex Marriage Legalization

The Women’s Bar Association of Massachusetts commends the Iowa Supreme Court’s April 3, 2009 decision striking language in state law limiting marriage to opposite sex couples. In this thoughtful and well-reasoned opinion, the Court analyzed the statute under the Equal Protection guarantee of the Iowa Constitution. Applying intermediate scrutiny, the Court explained that a circular analysis results when the objectives set forth as the justification for the classification are the same as the classification itself. It further rejected the rationale offered for the law, noting that if it were enough to show that a form of discrimination was traditional, many of the successes we have had in challenging historical inequalities would have been failures. For the WBA, this opinion is particularly poignant, as it comes from the first state that admitted women to practice law, underscoring the important connection between our profession and a just society. WBA President Michelle Peirce stated, “When the Court held, ‘the constitution belongs to the people,’ it signaled a real commitment to applying the law fairly to all citizens of Iowa. We are pleased to see further progress on an issue that has long been a priority for our organization.”

The WBA also lauds the Vermont House and Senate for making Vermont the first state in the nation to legalize same sex marriage by legislative vote. The April 7, 2009 legislative override of Governor Jim Douglas's veto of a bill allowing same sex couples to marry is an important step forward in the movement toward fair and equal marriage rights for all couples. our organization.”