State v. Clowes

The question presented in this case is whether the statutory defense of choice of evils, ORS 161.200, 1 is available to anti-abortionists who were charged with criminal trespass in the second degree, ORS 164.245, 2 after they had entered the premises of an abortion clinic, attempted to prevent patients who were in the first trimester of pregnancy from having abortions, blocked access to the clinic by sitting in the doorways, and refused to leave when asked. We hold as a matter of law that the defendants are not entitled to assert the choice of evils defense.

Lovejoy Surgicenter (the clinic) is…