FLINT, Mich. – The Michigan Court of Appeals has upheld the convictions of four anti-abortion protesters who were charged with resisting arrest, disturbing the peace, and trespassing during a demonstration at the Women’s Health Clinic in Flint. The defendants, who conducted a “red rose rescue” protest inspired by their Catholic faith, refused to leave the clinic when asked and went limp, forcing officers to carry them out.
The court affirmed that passive resistance qualifies as obstruction under Michigan law and dismissed the defendants’ claims of religious discrimination and constitutional violations. The protesters were sentenced to 45 days in jail. The ruling underscores the court’s stance that religious beliefs do not exempt individuals from complying with lawful orders, particularly in the context of public safety and property rights.
The defendants argued that their actions were protected under the First Amendment and that the law was selectively enforced against them. However, the court found that the statute was applied neutrally and upheld the lower court’s decision. The appeals court also denied requests for jury instructions on the defenses of necessity and defense of others, finding the evidence insufficient to support these claims.
Holding: Passive resistance by anti-abortion protesters at a clinic qualifies as obstruction under Michigan law, and religious beliefs do not exempt individuals from complying with lawful orders.
