PolicyBrief
H.R. 9443
119th CongressJun 24th 2026
Saving FACE Act of 2026
IN COMMITTEE

The Saving FACE Act of 2026 removes federal criminal penalties for obstructing access to abortion services while establishing federal penalties for obstructing access to churches.

Andrew Ogles
R

Andrew Ogles

Representative

TN-5

LEGISLATION

Saving FACE Act of 2026: Federal Law Swaps Clinic Protections for Church Entrances

The Saving FACE Act of 2026 proposes a significant shift in how federal law handles public access to specific buildings. Currently, federal law protects both reproductive health clinics and houses of worship from physical obstruction. This bill, however, narrows that scope significantly. It amends Section 248 of title 18 by removing federal criminal penalties for blocking access to abortion services and retooling the law to focus exclusively on protecting church entrances. Essentially, if someone physically blocks the door to a church, they could face federal charges; if they do the same at a reproductive health clinic, this specific federal protection would no longer apply.

Redefining Protected Spaces

The bill changes the very name of the existing protection from “Freedom of access to clinic entrances” to “Freedom of access to church entrances.” By striking the words “abortions or other” from the list of protected medical services, the legislation effectively removes reproductive health clinics from the federal umbrella of this statute. For a healthcare provider or a patient, this means that the federal government would no longer be the primary enforcer against protesters who physically bar the way to a facility. While state or local trespassing laws might still apply, the heavy lifting of federal criminal prosecution for these specific obstructions would disappear for clinics while being reinforced for religious institutions.

A New Federal Definition of Abortion

Section 2 of the bill also introduces a strict federal definition of “abortion.” It defines the procedure as the intentional killing of an unborn child using drugs or instruments, or the intentional termination of a pregnancy. The bill creates a specific exception: a termination is not considered an “abortion” if the goal is to produce a live birth and preserve the health of the child after viability, or to remove a dead unborn child. This clinical definition is used to clarify exactly what services are being excluded from federal protection. For a doctor or a patient dealing with a complex pregnancy, this means the law now draws a sharp line between protected pregnancy care and unprotected abortion care based on the intent and timing of the procedure.

Real-World Shifts in Safety and Access

The practical impact of this bill depends on where you live and work. For members of a congregation, the bill provides a clear federal safeguard against anyone trying to physically prevent them from entering their place of worship. However, for a nurse working at a reproductive health center or a patient trying to get inside for a procedure, the removal of these federal penalties could lead to more frequent or aggressive physical barriers at the door. Without the deterrent of federal charges, the responsibility for maintaining clear access to these medical facilities would fall entirely on local police and state courts, which can vary wildly in how they handle protest activity and clinic safety.