Planned Parenthood Assoc. v. Holy Angels Catholic Church

MEMORANDUM ON ISSUANCE OF PRELIMINARY INJUNCTION

Summary of Decision

At this preliminary point in this case, the Court acts to protect the rights of all parties guaranteed by the Constitutions of the United States and of the State of California.

Under both Constitutions, women have the right to seek counseling and medical services, including abortion. They are entitled to exercise this right without unlawful interference or intimidation by defendants.

Planned Parenthood Association of San Mateo County operates a clinic providing such services. The Association sues on behalf of women who desire the services of the clinic.

Under both the state and federal Constitutions, defendants have the right to freedom of speech, assembly and protest. These rights must be protected against invasion by plaintiff.

The rights of both parties are subject to lawful limitations. The rights asserted by Planned Parenthood may not transcend limitations delineated by law as, for example, legal prohibition against abortion after the 20th week of pregnancy.

The rights of defendants to freedom of speech, assembly and protest are limited to conduct which does not violate the law as, for example, that…