Australia pope protest laws "unconstitutional": court

[laura_seabrook]

From Yahoo News:

SYDNEY (Reuters) - Anti-protest laws imposed for Pope Benedict's visit to Sydney this week, which could see protesters arrested for annoying Catholic pilgrims, were unconstitutional, a court ruled on Tuesday.

Under the laws, protesters could be arrested or fined A$5,500 (US$5,340) for wearing anti-Catholic T-shirts or for handing out condoms in protest at church doctrine on sex and marriage.

Civil liberties leaders said the laws stifled freedom of speech and were open to abuse by police who were mounting an Olympic-style security operation for the papal visit.

The Federal Court in Sydney ruled on Tuesday that the law relating to annoying and inconveniencing pilgrims went beyond the intention of the local state parliament.

"We now have a lot more confidence to take to the streets to condemn Pope Benedict's policies against condom use, against contraception, against homosexuality," Rachel Evans from the "No Pope" group which challenged the laws.

"We are glad the court has ruled that we do have the freedom of expression to communicate our political views on Saturday."

Evans said "No Pope" protesters welcomed young Catholics in Sydney, but would hand them coat hangers to protest against backyard abortions, condoms to promote safe sex, and stickers with gay themes to promote the rights of homosexuals.

The anti-protest laws have acted as a lightning rod for various protest groups which plan to rally on Saturday as hundreds of thousands of pilgrims march to a papal vigil.

The court ruling comes as hundreds of thousands of young Catholics gathered for the opening mass of World Youth Day, the church's largest youth festival aimed at revitalizing the church.

Reflecting the religious fervour in Sydney, "Ratzinger Rules" was spray painted on a war memorial overnight. Josef Ratzinger is the birth name of Pope Benedict.

Pope Benedict texted thousands of young pilgrims in Australia on Tuesday, urging them to renew their faith.

"Young friend, God and his people expect much from u because u have within you the Fathers supreme gift: the Spirit of Jesus - BXVI," read the first of the Pope's daily text messages which will be sent out during World Youth Day.

In Australia, home to the world's biggest gay and lesbian Mardi gras and where abortion and stem cell research is legal, the Catholic church's teachings often fall on deaf ears.

Some 5 million Australians describe themselves as Catholic, but less than one million attend Sunday mass and the number may have dropped to about 100,000 in the past 5 years.

The Pope will attend World Youth Day events from Thursday, culminating in a Sunday mass before some 300,000 pilgrims.

The Pope has said he will apologize to Australian victims of sexual abuse in the church. Broken Rites, which represents abuse victims, has a list of 107 convictions for church abuse, but says there may be thousands more victims as only a few go to court.

"I'm glad there will be an apology, but the church needs to do more to alleviate the living hell of those who have endured the ultimate betrayal," said sexual assault lawyer Vivian Waller. "The church must embrace justice rather than playing legal charades," she said, claiming the Catholic church in Australia regularly used the legal system to avoid sex abuse cases.

Hurray! Not that I intend to be at the protest on the weekend, but why should tourists (whether religious or not) have more rights than locals? I bet the Beijing Olympics are like that too.

Comments

[kath-ballantyne.livejournal.com]

oh I'm so glad they overturned it.
It was ridiculous. You would get fined $200 for exposing yourself at someone on the train but $5500 for wearing an anti christian t-shirt.

[strang-er.livejournal.com]

As someone else pointed out, this is apparently the first time a federal court has explicitly stated that we have a right to freedom of expression in Australia. Might not make it law, but could be an important precedent.

[laura-seabrook.livejournal.com]

That would be a good thing.