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Panel advances bill to criminalize interference with religious services after clash over First Amendment scope
Summary
A strike‑everything amendment to HB 4117—creating criminal penalties for intentionally obstructing or disrupting religious services—received a due‑pass recommendation after sharp exchanges between free‑speech advocates and supporters citing rising incidents at houses of worship.
The Senate Judiciary and Elections Committee on March 23 approved a strike‑everything amendment to HB 4117 that would criminalize intentional interference with religious services, elevating repeat or group offenses to felony level in some cases.
Sponsor Senator Kavanaugh said the amendment fills a gap and focuses on conduct — obstruction, preventing ingress/egress, and disorderly conduct aimed at disrupting worship — not protected speech. The Anti‑Defamation League, Center for Jewish Philanthropy and other faith‑community groups testified in support, saying incidents targeting synagogues and other houses of worship have surged and warrant specific protections.
The measure drew forceful opposition from civil‑liberties advocates. Caitlin Contreras of the ACLU of Arizona argued the amendment risks criminalizing expressive protest and that existing federal law (the FACE Act) and Arizona disorderly‑conduct statutes already address obstruction. ACLU witnesses warned that vague standards for “excessive noise” and “intent” could chill lawful protest on public property and allow uneven prosecutorial discretion.
Committee members and witnesses debated whether the provision would be redundant, whether it would withstand First Amendment scrutiny, and how prosecutors and judges would apply intent and evidentiary standards. Supporters said the amendment includes explicit exclusions for peaceful picketing and expressive activity and argued the law targets conduct, not speech.
After extended debate, the committee adopted the strike‑everything amendment and gave HB 4117 a due‑pass recommendation. Several senators recorded misgivings about potential chilling effects and sought amendments to reduce penalty stacking and clarify definitions; supporters said they would continue work to refine language that protects houses of worship while preserving constitutional protest rights.
The bill will be considered on the Senate floor, where members indicated further drafting and legal review are likely.
