Protecting Religion from Government Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 754 To prevent States and local jurisdictions from interfering with services held at houses of worship, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 3, 2021 Mr. GOOD of Virginia (for himself, Mr. LAMBORN, Mrs. BOEBERT, Mr. GAETZ, Mr. ROSENDALE, Mr. MOONEY, and Mr. MOORE of Alabama) in- troduced the following bill; which was referred to the Committee on the Judiciary A BILL To prevent States and local jurisdictions from interfering with services held at houses of worship, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Religion 4 from Government Act of 2021’’. 5 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H754.IH H754 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 754 IH SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE 1 AND LOCAL GOVERNMENTS WITH SERVICES 2 HELD AT HOUSES OF WORSHIP. 3 Consistent with First Amendment to the Constitution 4 of the United States, the government of a State or locality 5 therein may not impose any law or regulation limiting the 6 ability for any house of worship to hold any religious serv- 7 ice or celebrate any religious ceremony in person as such 8 house of worship determines is appropriate. 9 SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE 10 AND LOCAL REGULATION OF INTERSTATE 11 COMMERCE. 12 (a) PRIVATE RIGHT OF ACTION.—A person, includ- 13 ing an individual or religious institution, affected by a law 14 or regulation of a State or unit of local government lim- 15 iting the ability for any house of worship to hold services 16 in person may bring an action in the appropriate district 17 court to invalidate such a law or regulation. 18 (b) PRELIMINARY INJUNCTION.—Upon a motion of 19 the plaintiff described in subsection (a), the court shall 20 issue a preliminary injunction to preclude the State or unit 21 of local government from enforcing the law or regulation 22 at issue until such time as the court enters a final judg- 23 ment in the case, unless the State or unit of local govern- 24 ment proves by clear and convincing evidence that— 25 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H754.IH H754 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 754 IH (1) the State or unit of local government is like- 1 ly to prevail on the merits at trial; and 2 (2) the injunction would cause irreparable harm 3 to the State or unit of local government. 4 (c) STATUTE OF LIMITATIONS.—No action shall be 5 maintained under this section unless it is commenced 6 within 10 years after the cause of action arose. 7 Æ VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H754.IH H754 pamtmann on DSKBC07HB2PROD with BILLS