Senator Mike Lee (R-UT) and Representative Chip Roy (R-TX-21) introduced legislation to repeal the unconstitutional and easily weaponized Freedom of Access to Clinic Entrances Act or FACE Act.
The FACE Act is a federal law designed to protect access to abortion facilities. While FACE also includes protections for churches, these are duplicative of other federal and state laws and have never been enforced.
President Biden’s weaponized Department of Justice has used the FACE Act to legally harass peaceful pro-life activists while simultaneously stonewalling good faith efforts by members of Congress to conduct even elementary oversight of the law.
Last year, the FACE Act made national news when pro-life activist Mark Houck was arrested by dozens of FBI agents citing the FACE Act in relation to a pushing incident outside of an abortion facility. After deliberating for less than an hour, a jury would later find Mr. Houck innocent. Most recently, several members of the left-wing organization Progressive Anti-Abortion Uprising were found guilty of violating FACE following a peaceful protest at a Washington D.C. abortion provider.
Supporting organizations include Thomas More Society, Family Research Council, Students for Life Action, Susan B. Anthony List, Catholic Vote, Live Action, and Citizens for Renewing America.
Of the bill, Senator Lee said, “Our Constitution reserved general police power to the states. Congress infringed on the states’ police power when they passed the FACE Act. The Biden DOJ has weaponized this constitutionally suspect law against pro-life sidewalk counselors while failing to protect pregnancy centers and churches from violent attacks. It’s time to repeal the FACE Act.”
Of the bill, Representative Roy said, “Free Americans should never live in fear of their government targeting them because of their beliefs. Yet, Biden’s Department of Justice has brazenly weaponized the FACE Act against normal, everyday Americans across the political spectrum, simply because they are pro-life. Our Constitution separates power between the federal government and the states for a reason, and we ignore that safeguard at our own peril.
The FACE Act is an unconstitutional federal takeover of state police powers; it must be repealed.”
Of the bill, Tom McClusky, Director of Government Affairs of CatholicVote said, “The Biden administration has taken weaponization of government to a new level – his weapon of choice against pro-lifers has been the FACE Act, which has been mainly used to target peaceful prolife activists who stand up for the unborn. Rep. Roy and Sen. Lee are right to take this weapon away from Joe Biden and restore the First Amendment right to peacefully protest.”
Of the bill, Kristan Hawkins, President of Students for Life of America and Students for Life Action said, “It’s clear that the Biden Administration has used the FACE Act as a tool for aggressive pro-abortion partisans to take cases of alleged crimes, federalize them, and add the full weight of the government’s support for abortion to the ire against individuals. SFLAction is calling for repeal of the FACE Act and fully supports Rep. Chip Roy’s FACE Act Repeal Act of 2023, as it is a long overdue course correction needed to reign in a weaponized Department of Justice.”
The bill was co-sponsored in the Senate by Sens. Cindy Hyde-Smith (R-MS), Roger Wicker (R-MS), J.D. Vance (R-OH), Mike Braun (R-IN), and Josh Hawley (R-MO).
Co-sponsors of the legislation in the House of Representatives include Reps. Chip Roy, Chris Smith, Bob Good, Andrew Clyde, Jim Banks, Doug LaMalfa, Mary Miller, Diana Harshbarger, Debbie Lesko, Brian Babin, Andy Biggs, James Moylan, Ken Buck, Warren Davidson, Alex Mooney, Anna Paulina Luna, Paul Gosar, Matt Rosendale, Josh Brecheen, Barry Moore, Keith Self, Eric Burlison, Doug Lamborn and Jeff Duncan.
Background:
The FACE Act is a federal law designed to protect access to abortion facilities. While FACE also includes protections for churches, these are duplicative of other federal and state laws and have never been enforced.
Prior to this year, the FACE Act had never been used to indict individuals related to an attack on a pro-life pregnancy center. It has still never been used by the federal government to protect a house of worship.
Since the Dobbs decision was leaked in May of 2020, at least 357 Catholic Churches have been attacked. The Biden Administration has opened 0 FACE Act cases in response.
Congress originally claimed that the Commerce Clause and 14th Amendment Due Process Clause granted it the power to enact the FACE Act. The Constitution does not grant the federal government general police power. In Dobbs, the Supreme Court found that abortion is not a constitutional right. Pro-life “protest” and sidewalk counseling are not commercial activities.
For bill text, click HERE.
For a one-pager, click HERE.
