A regulation prohibiting protests near abortion clinics has begun enforcement in the United Kingdom, raising uncertainties about the legality of silent prayers conducted by anti-abortion demonstrators. The newly passed measure, pertaining to England and Wales, establishes a no-protest zone of 150 meters (approximately 164 yards) surrounding these facilities. Similar legislation has recently been adopted in Scotland and Northern Ireland, which govern their health policies independently.
Under the updated rules, it is deemed illegal to interfere with individuals accessing abortion services, to sway their decisions “intentionally or recklessly,” or to instigate “harassment, alarm, or distress.” Those who infringe upon these regulations could face fines with no specified maximum limit.
Originally approved 18 months ago as part of a broader Public Order Act by the preceding Conservative government, the implementation of the buffer zone experienced delays due to disputes regarding its application to silent prayer demonstrations, in addition to a governmental transition in July.
The Crown Prosecution Service has indicated that engaging in silent prayer near an abortion clinic does not automatically constitute a criminal act. Law enforcement has announced they will evaluate each situation on a case-by-case basis.
Opponents of the ban, including anti-abortion activists and faith-based organizations, contend that prohibiting silent prayers infringes on religious freedoms. In contrast, advocates for pro-choice policies argue that such demonstrations can be threatening for women trying to enter the clinics.
Louise McCudden, who leads external affairs for MSI Reproductive Choices, one of the largest abortion service providers in the UK, remarked, “It’s difficult to see how anyone choosing to perform their prayers right outside an abortion clinic could argue they aren’t attempting to influence people — and there are countless testimonies from women who say this makes them feel distressed.”
In March 2023, lawmakers denied a proposed amendment from some conservative members that sought to explicitly permit silent prayer within the designated buffer zones. The final regulations represent a complicated compromise likely to undergo legal scrutiny in the future.
Diana Johnson, the Minister for Crime and Policing, expressed confidence that the measures implemented would genuinely assist women in feeling secure and empowered to access essential health services.
Conversely, Bishop John Sherrington from the Catholic Bishops’ Conference of England and Wales criticized the government’s actions, describing them as an unreasonable and excessive retreat on religious liberties. He stated, “Religious freedom includes the right to manifest one’s private beliefs in public through witness, prayer, and charitable outreach, including outside abortion facilities.”
Abortion-related discussions in the UK do not evoke as much division as they do in the United States, where access to abortion has been restricted in various states following the Supreme Court’s decision to overturn the iconic Roe v. Wade ruling in 2022. In the UK, the 1967 Abortion Act partially legalized abortion, permitting procedures up to 24 weeks gestation with the approval of two doctors. Abortions beyond this period may occur under specific conditions, such as risks to the mother’s life.
However, women who seek abortions after the 24-week mark in England and Wales can face legal prosecution under the Offenses Against the Person Act from 1861. A notable case last year involved a 45-year-old woman sentenced to 28 months in prison for procuring abortion pills online to induce a miscarriage at 32 to 34 weeks of pregnancy, although her sentence was later moderated following public backlash.