Pro-life activist petitions Supreme Court to address ‘unconstitutional gag order’

A pro-lifer sentenced to 90 days in jail after a 2022 incident outside a Michigan abortion facility is appealing to the U.S. Supreme Court (SCOTUS) to take up his case.

Key Takeaways:

• Pro-lifer Matthew Connolly has petitioned the Supreme Court of the United States to take up his case after a 2022 arrest for praying outside a Michigan abortion facility.

• His attorneys are challenging the “vague and overbroad ordinance” that led to his arrest.

• He was sentenced to 90 days in jail and was denied probation after he refused a condition that would have prevented him from pro-life activity within 500 feet of any abortion facility in the country.

The Details:

On July 28, Advocates for Faith & Freedom and the American Freedom Law Center filed a petition for writ of certiorari with SCOTUS on behalf of  Matthew Connolly, 42. According to a press release from Advocates for Faith & Freedom, “Connolly is a Christian monk and peaceful pro-life advocate who was convicted and sentenced to jail. His only alleged offense: quietly kneeling in prayer in a public area near an abortion facility.”

According to his attorneys:

The petition challenges a vague and overbroad ordinance that criminalizes free expression based on someone else’s subjective feelings, as well as a nationwide probation condition that strips Mr. Connolly of his First Amendment rights across all fifty states.

Because Mr. Connolly refused to forfeit his constitutional rights, the court sentenced him to 90 days in jail and imposed monetary penalties. The ordinance in question criminalizes “annoying” behavior in public places, a subjective and ever-shifting standard that chills lawful expression and opens the door to arbitrary enforcement.

The Backstory:

In 2022, the city of Southfield, Michigan, charged Connolly with violating a “vague” ordinance which criminalizes behaviors such as causing “annoyance” or “disquiet” in public space. Though his attorneys say he did not enter the abortion facility and was only praying outside, Connolly was arrested and subsequently sentenced to 90 days in jail.

Connolly was also denied probation after refusing a “sweeping condition” that would have prohibited him from engaging in pro-life speech within 500 feet of any abortion facility in the United States.

His attorneys stated, “Had Mr. Connolly agreed to the terms, he would have been barred from seeking routine medical care at any hospital that provides abortions, an impossible condition for any citizen.”

The Bottom Line:

“This case is not just about Mr. Connolly,” said attorney Erin Mersino of Advocates for Faith & Freedom. “It is about whether the government can silence pro-life Americans and criminalize public prayer. If this unconstitutional gag order is allowed to stand, then no one’s speech is safe.”

“We are asking the United States Supreme Court to do what the Constitution already demands — protect the right of Americans, especially those who advocate for the sanctity of life, to speak freely, assemble peacefully, and pray publicly,” Mersino added.

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