CINCINNATI — The U.S. District Court of Appeals for the 6th Circuit ruled in favor of pro-life groups who contested a buffer zone demarcated outside a Kentucky abortion clinic on the grounds it infringed upon their First Amendment rights to practice sidewalk counseling. The court issued a preliminary injunction, blocking the city of Louisville from enforcing the buffer zone.
“Sisters for Life, several individuals, and another pro-life organization wish to offer leaflets and compassionate, if sometimes unwelcome, speech to women entering abortion clinics in Louisville, Kentucky. But Louisville-Jefferson County limited their speaking and pamphleteering in buffer zones near the entrance of each clinic. Because these limits likely violate the First Amendment…we preliminarily enjoin them,” wrote Chief Justice Jeffrey Sutton.
The lawsuit was first filed in Western District Court on June 8, 2021, naming Louisville Metro Government, Mayor Greg Fischer and Police Chief Erika Shields as defendants. Kentucky Right to Life, Ed Harpring and Mary Kenney are listed as plaintiffs alongside Sisters for Life.
The ordinance implementing the buffer zone passed in the Louisville Metro Council by a narrow margin in May 2021, but the buffer zone was not enforced until a federal judge first denied the pro-life groups’ requests in September of last year. Judge Rebecca Grady Jennings ruled that the plaintiffs had not provided enough information to justify their need for a preliminary injunction, but also denied the City’s motion to dismiss.
The pro-life groups appealed the decision in March this year.
Kentucky Right to Life and Sisters for Life expressed appreciation for Wednesday’s decision. “After more than a year of an imposed restriction on the ministry of sidewalk counseling that is offered to women as they entered and departed the EMW Abortion Clinic in Louisville, the Court affirmed the impact the City of Louisville’s buffer zone ordinance had on free speech.”
“Judge Jeffrey Sutton and the Court recognized the critical elements of the practice of ‘sidewalk counseling’–the quiet, compassionate, non-threatening, one-on-one conversations where dedicated sidewalk counselors reach out to convince EMW’s patients that there are lifesaving alternatives to abortion,” added the pro-life groups. “The practice of sidewalk counseling has always been to-come alongside and accompany the woman in whatever way she may need.”
“We are thrilled to ultimately prevail, and to vindicate the interests of our client Sisters for Life and Kentucky Right to Life’s ministries. The ordinance was unconstitutional all along, just as we repeatedly asserted,” said Chris Wiest, counsel for Kentucky Right to Life and Sisters for Life.
In their joint statement, the pro-life groups said they will continue in their sidewalk efforts following the court’s decision.
“Sisters for Life, Angela Minter, Ed Harpring, Mary Kenny and all those who serve the ministry of sidewalk counseling continues our mission, loving them both, offering compassion and hope, walking with women and restoring a culture that welcomes and support life.”
Currently, neither EMW Women’s Surgical Center nor Planned Parenthood are performing abortions while the Kentucky Supreme Court decides whether a state law prohibiting most abortions can remain in effect.
Read the 6th Circuit ruling here.
Friends of Life KY 