Church leaders speak out against abortion clinic buffer zones after Scottish grandmother charged

Catholic bishops in Scotland have raised serious concerns about freedom of expression and religion following the primary criminal charge under the country’s recently introduced abortion clinic buffer zone laws.

The intervention comes after a 75-year-old Christian Glasgow grandmother Rose Docherty became the primary person to face prosecution under the Abortion Services (Safe Access Zones) (Scotland) Act 2024. The laws creates exclusion zones inside a 200-metre radius around abortion facilities and restricts behaviour considered able to “influencing” others on abortion.

The Catholic Bishops’ Conference of Scotland said the case marked a deeply “troubling” moment for civil liberties in modern Scotland, warning that the law’s scope and vagueness could place bizarre expressions of belief — including silent prayer — liable to criminal sanction.

Ms Docherty was arrested last yr after standing near the Queen Elizabeth University Hospital holding an indication that said “Coercion is a criminal offense, here to speak, only in case you want”.

She didn’t approach anyone or reference abortion directly, in response to Alliance Defending Freedom (ADF) International, which is supporting her in her case.

Authorities accuse Ms Docherty of committing two acts of “influencing” inside a chosen buffer zone.

She said after her first court hearing before Christmas: “I can’t imagine I’m here today. I simply stood, in love and compassion, offering consensual conversation to anyone who wanted to have interaction. Nobody needs to be criminalised only for offering a chat.”

Her next court hearing is scheduled for January 13.

The buffer zone laws, introduced following years of debate, applies to around 30 abortion facilities across Scotland.

Within these areas, behaviour that might be interpreted as influencing — whether through speech, signs or presence — may constitute a criminal offence.

Supporters of the law argue it’s needed to guard women accessing abortion services from harassment or intimidation.

However, of their statement, the bishops have stressed that the Catholic Church doesn’t support harassment and believes existing laws already provides sufficient means to handle threatening or obstructive behaviour.

The bishops also pointed to evidence submitted throughout the Bill’s passage through the Scottish Parliament during which Police Scotland indicated that current legal frameworks were adequate to cope with public order concerns near abortion facilities and that no additional offences were required.

The bishop argue that introducing latest criminal sanctions where existing law is sufficient represents a “disproportionate and undemocratic” expansion of state power and sets a concerning precedent.

One of essentially the most contentious points of the Act is its potential reach beyond public demonstrations.

Official guidance accompanying the laws acknowledges that activities equivalent to “praying audibly” or holding “silent vigils” could fall inside its scope if deemed to be influencing.

The law also applies to residential homes situated inside buffer zones.

Gillian Mackay, the Scottish Green MSP who introduced the Bill, previously told BBC Scotland that praying in a way observable from a window could constitute an offence “depending on who’s passing the window”.

The Catholic bishops say this creates a legal standard based on subjective perception somewhat than clear conduct, something they warn is incompatible with fundamental freedoms.

Senior police figures also expressed unease throughout the legislative process.

Superintendent Gerry Corrigan told MSPs that policing people’s thoughts or intentions was an area officers would “stay clear of”, adding that asking individuals what they were pondering can be “really uncomfortable”.

Ms Docherty’s arrest attracted international attention after footage circulated widely online.

The US Department of State released an announcement expressing concern, describing the case for instance of growing restrictions on free speech in Europe.

The issue was also referenced in February last yr by JD Vance during a speech on the Munich Security Conference, where he highlighted Scotland’s buffer zone law as a case raising serious questions on human rights.

ADF International said prosecutors have since withdrawn what it termed “disproportionate” bail conditions that originally barred Docherty from a large area of Glasgow.

The Catholic Church’s parliamentary officer warned that ladies facing crisis pregnancies might be deprived of opportunities to hunt support from individuals or organisations offering alternatives to abortion, arguing that the law risks narrowing — somewhat than protecting — selection.

In their statement, the bishops said: “It can’t be a criminal offense to present our voice and our prayers to the unborn … Every human life has infinite dignity from its starting. That truth just isn’t confined to non-public thoughts.

“A society confident in its values doesn’t fear opposing voices. It doesn’t criminalise silent prayer. It doesn’t ask its police or judges to see into the minds of its residents.

“Scotland’s buffer zones law represents a profound shift in the connection between the State and the person — one which restricts free speech, free expression and freedom of faith in ways that ought to concern us all.”

They also noted that amendments geared toward narrowing the law’s reach — including exemptions for chaplains and a reasonableness defence — were rejected during parliamentary proceedings.

While similar buffer zone laws have been introduced in England and Wales, the Scottish case has intensified scrutiny of how such laws is enforced and interpreted in practice.

As Ms Docherty’s case proceeds, the bishops say it should function a test of whether Scotland’s commitment to freedom of conscience, expression and religion can coexist with laws that criminalise conduct based on perceived influence somewhat than demonstrable harm.

“It is a shame that the State has now also curtailed the voices of bizarre residents who advocate for them inside its borders,” the bishops concluded of their statement.