Washington, D.C. | www.mpac.org | September 23, 2026 — The Muslim Public Affairs Council (MPAC) and Bend the Arc: Jewish Action have serious concerns with S. 5289, the Right to Worship Act. Every American should be able to enter a mosque, synagogue, church, temple, or other house of worship without facing threats, violence, intimidation, or physical obstruction. Protecting that right is a core part of religious freedom. Our concern is that S. 5289 reaches beyond those protections in ways that may restrict lawful speech, assembly, and protest.
The bill would create federal civil liability for conduct within 100 feet of a house of worship if it “deters” someone from entering or otherwise impedes participation in a religious service. It also applies when a person “reasonably should be aware” that their conduct will cause disruption or impediment, rather than requiring a clear intent to interfere with worship.
These provisions raise significant First Amendment concerns. A 100-foot radius can include public sidewalks and streets where demonstrations, picketing, leafleting, and other forms of political expression regularly occur. Protest can be loud, critical, and uncomfortable without becoming unlawful interference with religious exercise. Federal law must preserve that distinction.
We are also alarmed by the attempt to create a single physical distance that will apply to every house of worship and community in this country. A 100-foot buffer zone in a rural community, while it still presents unacceptable threats to First Amendment rights, does not resemble the practical reality of a 100-foot buffer zone in a major urban center, where entire swaths of major streets could be swallowed by this speech-chilling zone.
We are also concerned by the bill’s private right of action, which allows individuals to pursue damages and other relief. When combined with broad terms such as “deters” and “reasonably should be aware,” the threat of litigation may discourage lawful protest even where there is no violence or physical obstruction.
We understand the need to protect houses of worship and we appreciate Senators’ desire to support our communities. American Muslim and Jewish communities have experienced threats, vandalism, harassment, and violence targeting mosques, synagogues, and worshippers. The government has a responsibility to address that conduct and protect every person’s ability to practice their faith safely.
But that responsibility must be carried out without weakening other constitutional freedoms. This is of particular concern to our organizations because if our government infringes upon our neighbors’ rights and freedoms in the supposed name of Muslim and Jewish safety, this can result in backlash against our communities. Laws governing activity around houses of worship should be precise, focused on actual threats and interference, and leave no doubt that peaceful political expression remains protected.
For these reasons, MPAC and Bend the Arc: Jewish Action cannot support S. 5289 and we urge members of Congress to oppose the legislation. Protecting religious freedom should strengthen our First Amendment protections, not place other fundamental rights at risk.
