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H.R. 754: Protecting Religion from Government Act of 2021


The text of the bill below is as of Feb 3, 2021 (Introduced).


I

117th CONGRESS

1st Session

H. R. 754

IN THE HOUSE OF REPRESENTATIVES

February 3, 2021

(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.

1.

Short title

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

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.

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.