A Supreme Court finding backing its members in Melbourne has buoyed a pro-life group that protests outside Albury's abortion clinic
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Melbourne Fertility Control Clinic lost a Supreme Court bid to force Melbourne Council to stop protests outside its East Melbourne premises.
The Helpers of God's Precious Infants group gathers outside both the East Melbourne and Albury clinics to try to stop women getting abortions.
Campaigner for Helpers of God's Precious Infants in Albury Anna von Marburg said the court’s ruling “was no surprise”.
“I was never really concerned about it because all of us would have kept on offering mothers help,” Mrs von Marburg said.
“It’s just a victory for common decency really.”
But Rights to Privacy spokesman Pieter Mourik said many people would be “very disappointed” with the court’s decision.
“The argument that the anti-abortion protesters do not harass women is known to be untrue,” he said from the US on Wednesday.
“A psychology masters study interviewing 158 women who had been patients at the clinic felt anxious and harassed by the protesters, far more than any anxiety or fear about their decision.”
Dr Mourik said the majority of Australians did not agree with the protesters' actions, including religious groups.
“Luckily, the private member's bill from Fiona Patten will be where this will be decided, not in a court,” he said.
“The protesters have no respect for another person's decision, based upon fundamentalist views.”
The Supreme Court ruled on Wednesday that Melbourne Council had done nothing wrong in not taking action to move on the protesters.
The clinic wanted the court to order the council to enforce laws that allowed the protesters to be moved on.
It argued the protesters were harassing female patients and staff.
Mrs von Marburg suggested it was likely the protests would continue even if the Supreme Court found in the clinic’s favour.
“That’s something we will always do,” she said.
Opponents of the Helpers of God's Precious Infants’ weekly vigils have pushed for an exclusion zone outside the Englehardt Street clinic.
This garnered wide support at several public meetings and a petition signed by thousands of people.
But Albury Council received legal advice that only the NSW government could create such zones.
Supreme Court Justice Michael McDonald ruled there was “no actual or constructive failure” by Melbourne Council to perform the duties imposed upon it by the (Public Health and Wellbeing) Act”.
