What Churches Need to Know When Protests Disrupt Worship

Recent events in Minneapolis—where protesters and a journalist entered a church sanctuary during a worship gathering—have left many churches asking an uncomfortable question: What are our legal rights when a protest crosses the church doors?

One federal law often mentioned in these moments is the Freedom of Access to Clinic Entrances (FACE) Act. While originally aimed at protecting reproductive health facilities, the law can apply in religious contexts as well.

Here’s what pastors and church goers need to understand:

The FACE Act is a federal law that prohibits the use of force, threat of force, or physical obstruction to intentionally interfere with people exercising certain protected activities.

Those protected activities include:

In short: the law can apply inside and outside church buildings, not just clinics.

The law does not prohibit protests or expressive activity by itself. It focuses on conduct.

Potential red flags include:

Whether a specific incident violates FACE depends on the facts of the situation—but churches are not legally powerless.

So, when does a person’s presence at a worship service turn into a trespass?

Church Law & Tax Attorney and Editor Matthew Branaugh explains that while churches are open and welcoming places when conducting regularly scheduled worship services, they are still private property and leaders have the right to ask someone to leave. 

“To determine whether someone has trespassed on private property, courts evaluate whether a property owner consented to the person’s presence,” he says. “By asking a disruptive person or group to leave, the church eliminates any doubt about consent.”

“Leaders should remain calm,” Branaugh adds, “and contact local law enforcement to ensure the situation does not escalate. Document the situation with video if it is safe to do so.” 

Leaders also should avoid physical contact when escorting trespassers off church property. 

“Avoiding touch as much as possible will eliminate any perceived (or real) provocation,” Branaugh says. 

Some states permit acts of self-defense when signs of imminent danger arise, but self-defense should only be a last resort. 

Some states also offer additional legal protections to houses of worship when it comes to protests and other disruptions. For instance, California, Florida, Ohio, and Oklahoma make it a crime to disrupt a religious meeting.

If a church faces repeated disruptions, it should consider taking additional actions to protect itself, Branaugh notes. 

He points to Wagenmaker & Oberly, a Chicago-based law firm serving churches and ministries (and co-founded by attorney Sally Wagenmaker, a senior editorial advisor for Church Law & Tax). The firm offers several steps for addressing a known or anticipated trespasser, including:

Protesters have speech rights—but churches have constitutional protections too.

A key point pastors often miss:

The First Amendment does not guarantee a right to disrupt worship on private property.

Churches generally retain the right to:

Being a member of the press does not override:

Also remember: Media presence does not turn a sanctuary into a public forum.

Even if no law is ultimately violated, the harm is real:

Churches that plan ahead are better positioned to respond calmly and lawfully.

This primer is only the starting point. Churches should: