U.S. Sens. Ted Cruz and Elissa Slotkin have introduced the Right to Worship Act to protect the First Amendment right the free exercise of religion and expressly protects peaceful, non-disruptive conduct.
In a statement, Cruz said, “The First Amendment guarantees every American the right to freely exercise their faith, and Congress has a duty to ensure that guarantee is met. This is why I introduced the Right to Worship Act. In recent years, we have seen organized acts of hate meant to disrupt and deny that right, which have been untenably defended as speech.”
The legislation would establish a narrowly tailored 100-foot protection zone where conduct that disrupts a scheduled religious service or impedes attendance would create escalating civil fines for repeat violations and a private right of action allowing worshippers to seek various injunctive relief and statutory tory damages.
The bill also has civil fines to be assessed by the attorney general that include a first offense fined at $2,500; second offense, $5,000; and in the case of a third offense or more, $10,000. The legislation would apply only to a course of conduct occurring within one hour before or after a scheduled religious service and would require that whether conduct is disruptive be determined by the manner in which it is carried out and not by the viewpoint or message expressed.
The legislation was introduced in response to a rise in disruptive protests, antisemitic incidents and Islamophobic flashpoints outside religious buildings across the United States.
Proponents, including various civil rights and interfaith groups, argue that safe access to houses of prayer is vital for safeguarding religious freedom.
U.S. Reps. Brad Knott and Tom Suozzi introduced companion legislation in the House of Representatives.