Wendy Faustin

For too long, Colorado law has allowed basic freedoms to be violated.   

Since 1981, Wendy Faustin has been actively involved in the pro-life movement, serving in various roles throughout the years. She firmly believes that life begins at conception; that all human life has God-given worth and dignity; and that ending the life of the unborn is morally wrong. Stemming from this belief, she feels compelled to kindly share with others, specifically around abortion centers, the alternatives to abortion, therefore ensuring the women know all of their options.   

But state law and a local ordinance prohibit “knowingly approach[ing] another person within eight feet” on streets or sidewalks within a 100 foot radius of the entrance to a “health-care facility” – i.e., an abortion center – “for the purpose of passing a leaflet or handbill to. . . or engaging in oral protest, education, or counseling with such other person.”    

The Supreme Court upheld the Colorado law in 2000. 

The only escape from breaking these laws is to somehow get the woman’s permission before getting close enough to talk to her (i.e., within 8 feet) on a noisy street or sidewalk. That’s like saying you can use sign language, but you have to put your hands behind your back. 

The discriminatory nature of the law is obvious. If this statute prohibited climate change advocacy or labor union demonstrations, it would never survive in our court system.  But because it censors – literally criminalizes – basic pro-life speech activities outside abortion centers, it has been allowed to stand. This targets pro-life counselors and is blatant viewpoint discrimination.   

Wendy’s desire is to serve and aid women through hard times and to protect the unborn. She does this with gentle, one-on-one conversations as a sidewalk counselor at the only place and time she realistically can: outside abortion centers as women enter them to consider or obtain an abortion. The First Amendment says she has every right to do so. And yet, the government has made it nearly impossible for her to exercise this right.  

The governments of Colorado and Denver have purposefully singled out Wendy’s life-affirming speech anchored in her religious convictions. And with the help of the Supreme Court’s upholding of this law in Hill v. Colorado, the government has controlled the message for many years. Clearly favoring one message over another, they are continuously allowed to discriminate against pro-life advocates’ speech. This is wrong and wholly unconstitutional – directly violating the First Amendment. 

In June 2023, First Liberty Institute and the law firm Cooper & Kirk, PLLC filed a federal lawsuit on behalf of Wendy, challenging the Colorado law and presenting a direct challenge to the Hill decision.  

“The government may not target life-affirming speech simply because it disagrees with the message. That is unlawful viewpoint discrimination,” states Roger Byron, Senior Counsel for First Liberty Institute. “It should not be a crime to lovingly and compassionately approach another person to tell them about alternatives to abortion.”