Protecting Religion from Government Act of 2021

#754 | HR Congress #117

Last Action: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. (3/22/2021)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 754 Introduced in House (IH)]

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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) introduced 
    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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Religion from Government 
Act of 2021''.

SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL GOVERNMENTS 
              WITH SERVICES HELD AT HOUSES OF WORSHIP.

    Consistent with First Amendment to the Constitution of the United 
States, the government of a State or locality therein may not impose 
any law or regulation limiting the ability for any house of worship to 
hold any religious service or celebrate any religious ceremony in 
person as such house of worship determines is appropriate.

SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE AND LOCAL REGULATION 
              OF INTERSTATE COMMERCE.

    (a) Private Right of Action.--A person, including an individual or 
religious institution, affected by a law or regulation of a State or 
unit of local government limiting the ability for any house of worship 
to hold services in person may bring an action in the appropriate 
district court to invalidate such a law or regulation.
    (b) Preliminary Injunction.--Upon a motion of the plaintiff 
described in subsection (a), the court shall issue a preliminary 
injunction to preclude the State or unit of local government from 
enforcing the law or regulation at issue until such time as the court 
enters a final judgment in the case, unless the State or unit of local 
government proves by clear and convincing evidence that--
            (1) the State or unit of local government is likely to 
        prevail on the merits at trial; and
            (2) the injunction would cause irreparable harm to the 
        State or unit of local government.
    (c) Statute of Limitations.--No action shall be maintained under 
this section unless it is commenced within 10 years after the cause of 
action arose.
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