9th Circuit rules in favor of pro-life counselor

OAKLAND, Calif. — The 9th Circuit Court of Appeals has unanimously ruled the city of Oakland violated the freedom of speech of a Baptist man who does sidewalk counseling at abortion clinics.

A three-judge panel of the 9th Circuit, which is widely considered the most liberal of the federal appeals courts, decided unanimously the city was discriminatory in its enforcement of a 2008 ordinance. The measure established an 8-foot “bubble” around women who were seeking to enter abortion clinics and required their permission before a person could step into the zone to speak to them or provide them with written information, the San Francisco Chronicle reported.

Oakland “has enforced the ordinance against anti-abortion speakers but not pro-abortion speakers,” Judge Marsha Berzon said in the panel’s 3–0 opinion. Oakland’s policy “unconstitutionally suppresses speech based on the content of its message,” Berzon wrote.

The city policy had allowed clinic workers to shield the women as they walked into the clinic. But the court’s ruling said for the policy to be constitutional, it must apply to the escorts, too.

Walter Hoye, an elder at Progressive Missionary Baptist Church in Berkeley and the president of Issues4life Foundation, challenged the ordinance. From public sidewalks outside Oakland abortion clinics, Hoye offers help to women seeking abortions. He holds a sign that reads, “Jesus loves you and your baby. Let us help.”