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Lawmakers Aim to Repeal FACE Act that Targets Pro-Lifers: It 'Belongs In the Dustbin of History'

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Lawmakers on Capitol Hill have reintroduced a bill to repeal the FACE Act, calling it "unconstitutional" and arguing it has been "easily weaponized" against at least 50 pro-life advocates. 

Sen. Mike Lee introduced the bill Thursday, just a day ahead of the March for Life, the nation's largest annual pro-life demonstration, and a few hours before President Trump pardoned 23 pro-life activists who were targeted by the Biden Administration under the act.

"Joe Biden's unjust weaponization of the FACE Act against pro-life activists and people of faith belongs in the dustbin of history," Lee (R-Utah) told The Daily Signal. "While President Trump is stopping these outrageous prosecutions, we should ensure that no future administration has the ability to persecute Americans through unequal application of the law."

The FACE Act, which stands for Freedom of Access to Clinic Entrances Act, was instituted in 1994 under the Clinton administration. It prohibits "violent, threatening, damaging, and obstructive conduct intended to injure, intimidate, or interfere with the right to seek, obtain, or provide reproductive health services."

"If you go to the DOJ's website, its stated purpose is to protect access to reproductive health, which is a euphemism for abortion," Eireann Van Natta, a reporter with The Daily Caller, recently told CBN News. 

The FACE Act also includes protections for churches and other houses of worship, but as Sen. Lee points out, the DOJ has never used it to prosecute anyone blocking a church. 

The DOJ's "weaponization" of the act is one reason he and Rep. Chip Roy (R-TX) have introduced "The Restoring the First Amendment Right to Peaceful Civil Disobedience Act."

The pair lay out constitutional concerns regarding the act including the fact that "the Constitution does not grant the federal government general police power," and the Supreme Court ruled that abortion is no longer a constitutional right after overturning Roe v. Wade. 

"The FACE Act is an unconstitutional federal takeover of state police powers; it must be repealed," Lee said in a press statement. 

As CBN News reported, the FACE Act made national news last year when Catholic pro-life activist Mark Houck was arrested by dozens of armed FBI agents in a harrowing encounter at his home. The Biden Administration cited the FACE Act in relation to a minor scuffle he had with a Philadelphia Planned Parenthood abortion clinic volunteer who had harassed his child. Houck was recently found innocent of all charges.

According to its own data, 97% of FACE Act prosecutions from the DOJ were against pro-life Americans. 

In 2023 alone, the DOJ filed at least 23 charges under the FACE Act, a report by Lee cites.

Under the Biden administration, the DOJ used the FACE Act against pro-life activists for activities that are either lawful or already illegal under state and local laws 130 times. They only used the FACE Act in three instances to arrest pro-abortion vandals who attacked pro-life pregnancy centers, the report continues.

Additionally, at least 108 Catholic churches and 78 pregnancy resource centers have been attacked since the Dobbs opinion was leaked in 2022, but only three FACE Act cases have been opened in response. 

"Americans just spent the last four years being targeted by a weaponized justice system. The FACE Act was one of the primary weapons of abuse — being used to politically target, arrest, and jail pro-life Americans for speaking out and standing up for life," said Roy.

President Trump swiftly pardoned 23 pro-lifers including Joan Bell, Coleman Boyd, Joel Curry, Jonathan Darnel, Eva Edl, Chester Gallagher, William Goodman, Dennis Green, Lauren Handy, Paulette Harlow, John Hinshaw, Heather Idoni, Jean Marshall, Fr. Fidelis Moscinski, Justin Phillips, Paul Place, Paul Vaughn, Bevelyn Beatty Williams, Calvin Zastrow, Eva Zastrow, and James Zastrow.

It's a move pro-life activists across the country are celebrating. 

"Now that we have a Republican trifecta in the House, Senate, and White House, Congress should move quickly to repeal this law and ensure that no future president can weaponize it against pro-lifers ever again. No more excuses, let's get it done," Rep. Roy said in a press statement.

The Texas representative released the House companion of the repeal bill on Tuesday.

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About The Author

Talia
Wise

Talia Wise has served as a multi-media producer for CBNNews.com, CBN Newswatch, The Prayer Link, and CBN News social media outlets. Prior to joining CBN News she worked for Fox Sports Florida producing and reporting. Talia earned a master’s degree in journalism from Regent University and a bachelor's degree from the University of Virginia.