Court rejects pope protest law
2008-07-15 11:42
Sydney - Protesters started handing out condoms to Catholic worshippers in Sydney on Tuesday after a court overturned a law aimed at stopping anyone from "annoying" them at World Youth Day.
The Australian federal court said the law passed by the New South Wales government for the six-day youth celebration led by Pope Benedict XVI undermined free speech.
Activists had complained that the law could lead to arrests and fines of up to A$5 500 for simply wearing a T-shirt with a slogan which could be deemed annoying to those at the festivities.
As more than 200 000 pilgrims flooded into Sydney for the official start of the world's biggest Christian celebration, three judges ruled in favour of the activists from the NoToPope Coalition.
"We have interpreted the World Youth Day Act on the presumption that it was not the intention of parliament that regulations would be made under the act preventing or interfering with the exercise of the fundamental freedom of free speech," they said.
NoToPope spokesperson Rachel Evans welcomed the court ruling by judges Catherine Branson, Robert French and Margaret Stone, saying it was a major victory for freedom of expression.
"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," she told reporters.
Some young pilgrims fled
"We can hand out condoms to illustrate that an anti-condom policy condemns millions of people to death (through Aids).
"We can wear our T-shirts, which cannot now be deemed annoying, which criticise the pope's policy on these matters."
Some young pilgrims fled as Evans wasted no time in exercising her new freedom, handing out condoms outside the court.
However, Cheryl O'Byrne from the United States was untroubled, politely declining Evans' offer of a contraceptive.
"I disagree with you," O'Byrne told the activist. "But I think it's fine if people want to protest. I'm not offended."
Civil liberties campaigners, who provided legal help for the court action, said it was rare for courts in Australia to strike down laws.
"The government should consider it has had a slap over the wrists," New South Wales Council of Civil Liberties secretary Stephen Blanks said outside the court.
'The pope is wrong, put a condom on'
Morris Iemma, the Premier of New South Wales state, said the court decision would not be appealed but that other regulations passed by the government would meet the goals of the overturned law.
"That is, to ensure the people who want to make a point, if it's a protest, can do so, without disrupting the pilgrims or the events," he told reporters while walking through the city with a group of worshippers.
Last week the NoToPope Coalition held a fashion parade of potentially annoying T-shirts including "The pope is wrong, put a condom on".
Other shirts read "Pope go homo", "There is no God" and "Does the history of your church annoy you?"
World Youth Day, a celebration of the Catholic faith aimed at rejuvenating the church, has been held in a different host city around the world every two or three years since 1986.
It was formally launched with an open air mass at Sydney Harbour on Tuesday and will end with a papal mass expected to draw 500 000 people on Sunday.