On the night before the March for Life, President Trump signed an executive order pardoning 23 pro-lifers who were convicted under the Freedom of Access to Clinic Entrances Act (FACE Act). President Trump stated, “They should not have been prosecuted … It is a great honor to sign this.” Afterward, on January 24, the Department of Justice (DOJ) released a memorandum stating there must be a change in the enforcement of the FACE Act.
The FACE Act, which was signed into law in 1994 under the Clinton Administration, was originally used to protect abortion clinics from violent attacks from the public. The original purpose was to protect patients and clinic staff from any violence, harassment, or intimidation that may be occurring outside the clinics. In recent years, however, the policy has been unjustly applied to imprison pro-lifers, especially Christians, who have often been found praying and peacefully protesting in front of these clinics. These protests are often centered around showing support for the sanctity of life and not seeking to obstruct or interfere with clinic operations. Yet, under the Biden administration, the DOJ implemented the FACE Act aggressively and unconstitutionally, prosecuting peaceful demonstrators under the notion that they were violating the law by attempting to “interfere” with clinic access.
The FACE Act states there must be double intent shown. The statute must prove that there is (1) proof of the intent to interfere with access to reproductive health services; and (2) the intent to intimidate-either through physical obstruction, intentional injury, attempts to injure, or by destruction of property. These elements must be shown in court for an individual to be convicted.
This law was used by the Garland DOJ to effectively criminalize First Amendment rights. This shift became evident after the Supreme Court decision of Dobbs v. Jackson Women’s Health Organization. In the wake of that decision, pro-life activists found themselves facing harsh consequences, including lengthy prison sentences, only because the political winds had shifted, and the radical left demanded more from the Biden Administration. Some were arrested in dramatic fashion, such as Paul Vaughn, who was arrested by armed FBI agents in front of his 11 children.
Congressman Chip Roy of Texas has been leading the efforts to repeal the FACE Act. He stated, “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.”
President Trump criticized the Biden administration for prosecuting these pro-life advocates as he granted his pardons. Republican legislators should follow through and finally repeal the FACE Act.
CWA CEO and President Penny Nance recently discussed the issue with the founder of the Progressive Anti-Abortion Uprising (PAAU), Terrisa Bukovinac, one of the pro-life advocates imprisoned under the FACE act. She spoke of her personal journey as a pro-life activist and her experience of being maliciously targeted by the U.S. Department of Justice. To listen to that podcast interview, click here.