DOVER – In an effort to better protect Delawareans from threats, violence, and intimidation at reproductive health facilities and places of worship, the House passed legislation Thursday that would create the new crime of “interference with reproductive health services or exercise of religion” in the state of Delaware.
House Substitute 1 for House Bill 272, sponsored by Rep. Debra Heffernan and Sen. Tizzy Lockman, would add protections modeled after the federal Freedom of Access to Clinic Entrances (FACE) Act to Delaware’s state code and place those cases under the jurisdiction of Delaware’s Superior Court.
“No one should be harassed, threatened, or blocked simply for seeking medical care or exercising their religious beliefs,” said Rep. Debra Heffernan, House Prime Sponsor of HB 272.
“With this bill, Delaware is stepping up to fill the gaps left by the federal government and reinforcing our commitment to protecting people’s ability to safely access reproductive health services and freely practice their religion.”
The federal FACE Act was signed into law in 1994 in response to an increase in violence targeting providers and patients seeking reproductive health services.
The law prohibits violent, threatening, damaging, or obstructive conduct intended to injure, intimidate, or interfere with a person’s ability to seek, obtain, or provide reproductive health services or to exercise their right of religious freedom at a place of worship.
However, under recent guidance from the U.S. Attorney General’s office, federal prosecutors are now directed to pursue FACE Act cases only in “extraordinary circumstances” or when there are “significant aggravating factors,” such as death, serious bodily harm, or serious property damage.
As a result, the responsibility for enforcing FACE Act violations will increasingly fall to states and local law enforcement.
However, Delaware currently relies on a patchwork of statutes that do not specifically address interference with access to reproductive health facilities or places of worship.
HB 272 (S) would address this issue and make explicitly clear that actions such as blocking the entrances or exits of clinics or houses of worship, threatening patients, staff, or clergy, and damaging property are all illegal under state law.
Importantly, this bill does not restrict speech, protests, or assembly. HB 272 (S) only addresses violent or obstructive acts.
According to the Center for Reproductive Rights, violence and harassment have increased significantly since the U.S. Supreme Court overturned Roe v. Wade in 2022. Reports from that year showed a 538% increase in clinic entrance obstructions, a 913% increase in stalking of clinic staff, and a 133% increase in bomb threats in states that protect abortion rights.
“The FACE Act is a necessary bill that ensures the personal decisions and religious beliefs of our neighbors will not be infringed upon — especially through acts of intimidation or violence,” said Senator Elizabeth “Tizzy” Lockman.
“No Delawarean should be ostracized or harassed for practicing their religion or receiving reproductive care, both of which are guaranteed for every resident in state law. I am proud to serve as the Senate prime sponsor of this legislation so that we can further protect the freedoms and rights that we all deserve.”
HB 272 (S) now heads to the Senate for consideration.