Minnesota AG Misinterprets FACE Act Amid Church Protest Controversy

Minnesota Attorney General Keith Ellison has made a statement regarding the Freedom of Access to Clinic Entrances Act (FACE Act) that contradicts established federal law. Appearing on Don Lemon‘s YouTube show, Ellison asserted that the FACE Act only protects reproductive rights. This interpretation overlooks the fact that the law has explicitly included protections for churches since its enactment in 1994.

Ellison stated, “The FACE Act, by the way, is designed to protect the rights of people seeking reproductive rights,” as reported by Fox News. He suggested that individuals should not use their religious beliefs to disrupt access to reproductive health facilities. This statement followed a disruptive incident at Cities Church in St. Paul, where anti-ICE protesters interrupted a Sunday service for approximately half an hour.

The FACE Act criminalizes the use of force, threats, or physical obstruction to interfere with individuals exercising their First Amendment right to religious freedom. According to the U.S. Department of Justice, the law equally protects abortion clinics and places of worship. Violations can lead to significant penalties, including up to one year in prison for a first offence and up to ten years if bodily injury occurs.

The protest at Cities Church was organized by activists targeting lead pastor David Easterwood, who has been accused of working as an ICE agent. Protesters chanted “ICE out” and referenced Renee Nicole Good, a mother of three who was shot and killed by an ICE agent in Minneapolis on January 7, 2023. Her death has sparked ongoing protests across the state.

Minneapolis Mayor Jacob Frey has publicly supported the church and its congregation, stating, “In Minneapolis, we’re not going to be intimidated.” The incident has drawn national attention, with Lemon livestreaming the protest and interviewing demonstrators prior to their entry into the church.

The response from federal officials has been swift. Harmeet Dhillon, Assistant Attorney General for Civil Rights, announced on Monday that the Justice Department will investigate potential violations of the FACE Act. She emphasized, “Come next Sunday, nobody should think in the United States that they’re going to be able to get away with this.”

Dhillon also extended her comments to Lemon, asserting, “A house of worship is not a public forum for your protest!” In response, Lemon defended his role as a journalist covering the event, characterizing the criticism as “manufactured outrage.”

Ellison maintained his position during the interview, asserting that protests are a fundamental aspect of American society: “This country started in a protest; it’s freedom of expression.” He criticized the Trump administration for what he described as selective outrage regarding the incident.

Tensions surrounding the protest and subsequent federal investigations could escalate further. Last week, former President Donald Trump indicated he might invoke the Insurrection Act, and the Pentagon has placed 1,500 troops on standby. Additionally, the Justice Department has initiated inquiries into both Frey and Governor Tim Walz for allegedly obstructing federal agents.

As the situation develops, the implications for both state and federal authority in matters of protest and religious freedom remain significant.