What States Can Do When Sacred Spaces Are Violated

C hurch is a vulnerable place. When we worship, we may close our eyes, we may fold our hands or lift them, we may kneel. We are not vigilant, but rather contemplating the eternal things we cannot see. We may be with our children. That’s why the disruption of worship services by shouting protesters is an affront, and why worshippers should be protected.

The recent interruption of services at Cities Church in St. Paul, Minn., was not the first such incident, nor will it be the last. But states have a positive example to look to if they’re seeking solutions: They should consider adopting Ohio’s Sacred Spaces Act to deal with such outrages.

In 2021, when the progressive hysteria was spooling up over the possibility that the U.S. Supreme Court might overrule Roe v. Wade, a group of 15–20 activists entered St. Joseph Cathedral in Columbus, Ohio, during the celebration of Respect Life Mass. Their profane chants, their marching through the sanctuary, and the violence of their rhetoric frightened families in attendance, some of whom included young children. (If, as we are told by the progressive left, “silence is violence,” is screaming verbal abuse into another’s face less so?)

Law enforcement was called, and ultimately, the scene was cleared. Three protesters were charged with criminal trespass, a misdemeanor that was punishable by a puny maximum of 30 days in jail — and usually probation when the charge was brought at all. It seemed to be inadequate to the seriousness of the offense in St. Joseph’s. To the credit of his faith, the bishop did not press for vengeance — but when I talked with him, he did want accountability and protection for the Catholics under his care.

Trespass is an offense against mere property. A worship service is not property, but something of infinitely greater value — a gathering of believers before their Maker, the seeking of ultimate meaning.

In addition to trespass, Ohio law has a statute prohibiting the disruption of a lawful meeting, used most frequently when a school board or city council is disrupted by protesters to the point of making it impossible to carry out the public’s business. It, too, is a misdemeanor with a maximum penalty of 30 days in jail.

Fortunately, nearly all members of the Ohio General Assembly realized that this slap on the wrist was insufficient punishment for such disrupters. The Sacred Spaces Act was signed into law in early 2023, after passing the Assembly with near-unanimous support. This added an additional element to the disruption statute: If the meeting is a worship service, the violator could now receive up to 180 days in jail.

One might think that such church invasions are rare. But the United States Conference of Catholic Bishops counts at least 408 disruptions of Mass since 2020. Since the goal of protesters is to create outrage and gather attention to their point of view, believers might reasonably expect the number of disruptions to increase.

Federal charges are being considered under the Freedom of Access to Clinic Entrances Act (FACE), which protects abortion clinics from protest, but that law is written in a way that is very difficult to use in the church context. The fact that the U.S. Department of Justice requested arrest warrants from a magistrate for the St. Paul disrupters rather than seeking grand jury indictments suggests to me that they may have noticed the same difficulties.

In the meantime, states should emulate Ohio and protect their places of worship by state law. If certain jurisdictions have prosecutors unwilling to enforce a criminal law, a legislature can create a private cause of action. But the First Amendment protections for free exercise of religion against government coercion will mean little if worshippers are subject to organized private coercion in their houses of prayer.