German court overturns prayer ban near clinic

An administrative court in Aachen, Germany, has ruled that a ban on pro-life activists praying near an abortion clinic was unlawful. The court upheld a case brought by an association that has long advocated the protection of unborn children.

Since 2005, members of the association have gathered once a month to pray on the opposite side of the street from a gynaecological clinic where abortions are carried out. According to the group, the prayers are conducted quietly and participants do not approach or address women attending the clinic. Those taking part carry religious symbols and images.

Last December, authorities in North Rhine-Westphalia banned the gathering within 100 metres of the clinic and relocated it to another site. The decision was justified on the basis of the law of assembly and the protection of pregnant women.

However, the court stressed that the fundamental rights of those taking part in the assembly must also be considered. Brief contact with those praying – lasting at most a few seconds and avoidable – does not amount to disproportionate interference, the judges said. The ruling is not yet final.

(justiz.nrw, lud)