New Bill Aims to Protect Abortion Opponents from FACE Act Penalties
Representative Andy Ogles from Tennessee introduced a new bill on Wednesday designed to safeguard those who demonstrate peacefully against abortion outside clinics from potential legal repercussions under the Freedom of Clinic Entry Act (FACE). This proposal, known as the FACE Protection Act of 2026, seeks to eliminate criminal penalties associated with obstructing access to abortion services, a significant point given that Ogles chose to introduce it on the fourth anniversary of the Supreme Court’s decision in Dobbs, which repealed the long-standing constitutional right to abortion established in Roe v. Wade.
Since that Dobbs decision, the Biden administration has reportedly used the FACE Act as a tool to penalize numerous pro-life activists, many of whom have engaged in peaceful prayer and demonstrations outside abortion clinics. The FACE Act itself, enacted in 1994, prohibits the use of force or obstruction against individuals seeking or providing reproductive health services. Although it was intended to protect both clinics and religious institutions, data suggests that an overwhelming 97 percent of lawsuits filed under this Act have targeted pro-life advocates.
“Democrats have weaponized the FACE Act to discriminate against countless pro-life Americans,” Ogles asserted. He explained that during peaceful demonstrations, the Justice Department under Biden pursued charges against Christians, declaring such actions an infringement of rights. “My bill would put a stop to this. The government shouldn’t arrest those who oppose the killing of children,” he added.
A previous report from the Trump administration’s Justice Department highlighted that the Biden administration prioritized jailing pro-life activists while neglecting to address violence against pro-life pregnancy resource centers. This finding indicates a stark disparity in enforcement, with only five individuals charged with vandalism and assault following numerous attacks on these centers since the Dobbs ruling.
The report noted that during Biden’s tenure, over 45 pro-life individuals faced indictments across more than 20 cases related to FACE Act violations, a notable increase compared to the prior administration. Some activists faced multiple charges, suggesting a concerted effort to suppress non-violent pro-life voices.
Additionally, prosecutors often combined FACE Act charges with severe accusations akin to those dating back to the KKK era, allowing for potential sentences of up to 11 years in prison for peaceful protests.
Rep. Chris Smith from New Jersey, co-chair of the Congressional Pro-Life Caucus, expressed concerns that the FACE Act was never meant to target peaceful activists but rather to stifle their voices. He underscored that the new Saving FACE Act aims to prevent discriminatory practices against peaceful protesters while ensuring the safety of pregnancy centers and places of worship.
Some members of the Republican Party are advocating for a complete repeal of the FACE Act, arguing that it has primarily served as a mechanism for political oppression against pro-lifers. Lawmakers like Rep. Chip Roy and Sen. Mike Lee have consistently pushed for such changes, claiming that local and state law enforcement should handle these issues without federal involvement.
For now, the FACE Act continues to be in effect, with the Trump administration’s stance being that it could still be applied in various protests, including those against anti-ICE demonstrations. In his final month in office, Trump issued pardons to over 20 pro-life activists who had been indicted during Biden’s term, and his administration had previously dismissed three civil lawsuits against them while specifying that FACE Act charges should only be brought under special circumstances.
