Strengthening Constitutional Self-Government

No Left Turns

Ave Maria Town again

Newsweek has picked up the Ave Maria Town story, on which I commented before (in the context of the proposed relocation of Ave Maria Law School to south Florida).

The issue in this case seems to be Tom Monaghan’s effort to limit access to contraceptives inside the town. Of course, the Florida ACLU and Planned Parenthood are concerned. The former cite this case about constitutional rights in company towns. A series of queries for the lawyers out there. First, is access to contraceptives more like freedom of speech and religion or more like access to abortions? Is there are legally congnizable difference between the two kinds of rights that might be relevant in this case? Second, if there is, and access to contraceptives is more like the latter, can either a local jurisdiction or a private corporation prohibit the establishment of an abortion clinic in its territory or premises? Can a company or institution that owns a hospital prohibit it from offering abortions? I eagerly await your answers.

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