The Legalise Cannabis Party is urging the Victorian government to protect the right of people to protest peacefully outside places of worship, warning that proposed laws to introduce ‘safe access zones’ represent “government overreach”.

In a speech to parliament last month, Rachel Payne called on Premier Jacinta Allan to provide an assurance that the government’s proposed protest laws would not infringe on Victorians’ right to peacefully protest outside places of worship.

Ms Payne said the Legalise Cannabis Party had “grave concerns” that the laws would prevent victim-survivors of institutional child abuse from protesting outside churches.

“These people were gravely harmed by institutions like the church. It was only through decades of tireless advocacy, including protests at religious institutions, that their voices are now starting to be heard,” she said.

“These laws risk criminalising things like protests at funerals held at churches for known child sexual abusers and longstanding movements like the Loud Fence – the tying of ribbons outside St Patrick’s Cathedral in Ballarat to recognise victim-survivors of institutional child sexual abuse.

“By banning protests around places of worship we are, in effect, banning religious institutions from being held accountable for their wrongdoing.”

In January, the Rationalist Society of Australia called on the Allan government to drop any plans that would infringe on peaceful protests outside places of worship – such as preventing clerical abuse survivors and their supporters from tying ribbons to church fences or protesting the attendance of judges, lawyers and politicians at Red Masses.

RSA Executive Director Si Gladman warned that such laws would be “an attack on fundamental freedoms” and a “knee-jerk reaction” to the arson attack on the Melbourne synagogue in December.

In February, a spokesperson for the state Department of Justice and Community Safety acknowledged the RSA’s concerns about the need to ensure protections for legitimate protests outside places of worship.

This week, the Human Rights Law Centre described the state government’s proposed suite of restrictions on protests as a “dangerous and repressive incursion into our democratic right to have our voices heard through peaceful assembly and political expression”.

In a briefing, the Human Rights Law Centre said: 

“A ban on protests outside or within a certain proximity to places of worship would prohibit peaceful protests for a genuine non-discriminatory purpose, for example protests by survivors of clergy sexual abuse. It would also have the unintended consequence of rendering large areas to be no-go zones for peaceful protest, due to the high number of places of worship. It is unlikely to be necessary or proportionate to a legitimate objective and is likely also unconstitutional.”

In her speech in the Legislative Council, Ms Payne said the use of the term ‘safe access zones’ was a “perversion” of the reforms introduced to protect vulnerable women from being harassed when trying to access abortion clinics. In 2015, the parliament passed laws, driven by former Reason Party leader Fiona Patten, to ban protesters from within 150 metres of abortion clinics.

In January, Mr Gladman told Premier Allan that violent protests, abusive behaviour or behaviours that sought to prevent people of faith from attending religious services should be outlawed.

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Si Gladman is Executive Director of the Rationalist Society of Australia. He also hosts ‘The Secular Agenda’ podcast.

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