HB363 – Disrupting a Worship Service

Background: HB363 would create a new criminal offense, “disruption of a worship service.” Under the bill, a person will commit the offense if they enter a church building or church property with the intent to disrupt a scheduled worship service and then engage in certain conduct, including riot, disorderly conduct, harassment of worship participants, or even obstructing access to the church premises. A first violation would be a Class C felony. A second or subsequent violation would also be a Class C felony but would carry a mandatory minimum sentence of five years imprisonment.

Position: The ACLU of Alabama opposes HB 363. Everyone deserves the ability to worship freely and safely, and Alabama already has laws that address trespass, harassment, disorderly conduct, obstruction, and riot-related conduct when people cross the line into unlawful behavior. HB 363 goes far beyond what is necessary by creating a new felony offense and then imposes a severe mandatory minimum sentence for repeated conduct. This raises serious concerns about overcriminalization and disproportionate punishment. The bill’s structure also risks chilling protected First Amendment activity, including peaceful protest and expressive conduct near houses of worship, by criminalizing protestors based on intent and location. Alabama can protect religious gatherings without creating a new felony that invites uneven enforcement and threatens constitutional rights.