Rachel Evans and her NoToPope partner Amber Pike will front the Federal Court in Sydney on Friday to challenge World Youth Day police powers.
Under legislation passed for the six day event, police, emergency and rural fire service volunteers have the right to move on people deemed to be causing "inconvenience or annoyance" to pilgrims.
"These laws are very draconian and we have the right to protest and to say our piece," Ms Evans told reporters outside court.
Whilst emphasising that she was "not going to force a condom on anyone", Ms Evans said she should have the right to made a peaceful protest about the Catholic church's opposition to contraception.
After the last World Youth Day event in Italy, pilgrim campsites had been covered in a "carpet of condoms", Ms Evans said.
"We think this is great, that young people are using condoms," she said.
"Pre-marital sex is not a sin.
"We are going to hand out condoms to young people, this is not a crime and it should not be a crime."
"This is a life and death situation in Africa and Latin America," she said.
"It is a very dangerous message from the Pope Benedict and the papal leadership, and we should have it overturned."
Hundreds of thousands of people were dying from AIDS every day, and the prevalence of the disease in Australia had increased 41 per cent in the past four years, she said.
Ms Evans accused the Iemma government of turning NSW into a police state.
"Our main message is that we have the right to protest, or that we should have the right to protest and the Iemma government is attempting to quash that right," she said.
One would think that peaceful protest would mean just that. Freedom of speech is a wonderful thing to be able to do but how many of these young people really do protest peacefully? You only have to look at the tree huggers who throw themselves in front of machinery, chain themselves up trees and look as if they haven't had a bath in weeks. And then there are those who drag their children along to protests and get them involved where most likely they have no real concept of why they are there in the first place, only what their parents have told them.
As most of the readers who come here know, I am not a religious person as such and don't have same beliefs as many church states but one point made by the NoToPope group is that:
"Pre-marital sex is not a sin."In the eyes of the church, isn't that what they believe? If we are to respect the right of NoToPope to protest, then they should respect the rights and beliefs of those attending World Youth Day.
Sexual activity is a personal issue and there is plenty of educational material out there to inform us of the risks. It is just ignorance and/or lack of education to not know about the choices we have in the modern world.
To use condoms and pre-marital sex as a platform to protest against the visit of Pope Benedict and followers of the faith in World Youth Day is not very convincing and more likely than not, people will take the free condoms and move on not really paying any attention to what the protestors are saying.