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Pro-choice activists in Spain get jail time for disrupting Catholic mass to promote abortion

Pro-choice protest in Madrid, Spain in September 2012 | Wikimedia Commons/gaelx

A group of pro-choice activists in Spain was sentenced to prison for disrupting a Catholic Mass to protest against the Catholic church's stance on abortion.

Five abortion activists were convicted on Tuesday of violating Spain's religious freedom laws for taking part in a protest at a Catholic church in Palma de Mallorca in February 2014. The activists had appealed a lower court ruling, claiming, they did not know that a religious service was underway during their protest. The Spanish Supreme Court, however, agreed with an earlier court ruling that the activists' claims were "not credible" and dismissed their appeal.

According to Church Militant, a group of 10–15 young protesters affiliated with Antipatriarcals Mallorca went into the Church of St. Miquel on Feb. 12, 2014 and started shouting pro-abortion slogans, such as "free and gratuitous abortion" and "get your Rosaries off our ovaries."

The disruption lasted for about 10 minutes, and Mass resumed after parishioners rallied and pushed back the protesters to the exit.

The diocese of Mallorca denounced the act and filed a complaint against the protesters, saying the religious feelings of those present at the mass were "wounded, creating a situation of great concern." It was reported that between 200 and 300 people were present when the protesters stormed the church.

The court ruled in favor of the diocese and convicted five of the abortion activists in 2016. In its ruling, the court noted that while the accused were young, "they are especially vindictive and knowledgeable about the actions of the Catholic Church with which they obviously do not agree."

It contended that the protesters "cannot violate religious freedom," adding that "the authentic democratic exercise of respect for freedom is shown when the lawful expression of opinions, beliefs or ideas contrary to those that one has or professes is respected."

The Spanish Supreme Court upheld the conviction, noting that while the activists had a legitimate right to protest, the legitimacy was removed when it was "organized in such a way that it would be so noticeable by third parties."

"Thus, they not only knew that their behavior affected the celebration of the religious act or ceremony in that way but especially wanted to do so. It is this interruption or disturbance, executed in this way, that deprives it of legitimacy," the high court stated in its ruling.

The high court had sentenced each of the five protesters to one year in prison. In Spain, however, prison sentences that are less than two years are usually converted to community service.