Minnesota Attorney General Keith Ellison Confuses Religious Freedom Laws, Ignoring FACE Act Protections

For those tracking recent events in Minnesota, a detail regarding state officials’ lawlessness has emerged that underscores Attorney General Keith Ellison’s profound misunderstanding of legal principles.

To qualify for the position of attorney general of Minnesota, one must be at least 21 years old and a resident of the state for at least 30 days. Yet Ellison—despite holding an attorney license—has repeatedly demonstrated an inability to grasp foundational legal concepts in response to protests that disrupted worship services at Cities Church in St. Paul.

During a podcast with former CNN host Don Lemon, who was present during the Sunday disturbance inside Cities Church, Ellison dismissed federal investigations and calls for charges under the FACE Act (Freedom of Access to Clinic Entrances Act). He stated: “The FACE Act is designed to protect the rights of people seeking reproductive health services… so that religious groups cannot use their beliefs to break into women’s healthcare facilities.”

Ellison’s interpretation misrepresents the law. Enacted in 1994, the FACE Act was created to address anti-abortion protests that blocked clinic entrances during organized waves across the U.S. in the late 1980s and early 1990s. Thousands of anti-abortion activists were arrested nationwide for sitting outside clinics—actions that prompted then-Senator Ted Kennedy to introduce the law.

The FACE Act was signed by President Bill Clinton on May 26, 1994, with an amendment proposed by Senator Orrin Hatch that explicitly included protections for places of worship. This provision has long been supported across party lines, as evidenced by President Clinton also signing the Religious Freedom Restoration Act in 1993.

Today’s protests differ significantly from those of the past. The Biden administration has used the FACE Act to address anti-abortion demonstrations, even when demonstrators were simply praying outside clinics. Ellison continues to misapply the law.

The Trump administration should use the FACE Act’s provisions to charge individuals who interfered with worship services at Cities Church while exercising their First Amendment right to religious freedom. If Mr. Ellison remains unable to comprehend the law’s plain meaning, he may need a summons for aggravated ignorance.