118th CONGRESS

1st Session

 

 

 

H. RES. 530

 

                 Making proselytizing in the name of any religion unlawful when it uses threat of force, force, threat of coercion, coercion, threat of violence and/or violence outside the scope of protection by the First Amendment. 

 

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES

 

January 9, 2023

 

Sponsored & Introduced By: Rep. Ian A. Medina (D-FL)

 

RESOLUTION

                 Making proselytizing in the name of any religion unlawful when it uses threat of force, force, threat of coercion, coercion, threat of violence and/or violence outside the scope of protection by the First Amendment. 

 

WHEREAS, Muslims often proselytize to spread Islam with violent rhetoric and violent acts to force people and entities to convert to Islam against their will; and

 

WHEREAS, Muslims have been historically against and antagonistic to the United States of America and its Jewish and Christian inhabitants by coercing, forcing and killing people that refuse to convert to Islam; and

 

WHEREAS, the heinous 9/11 attacks on the World Trade Center and the Pentagon were acted out as violent, gruesome and deadly way for Muslims to object to our country’s pillars of freedom, liberty and equality where there is religious liberty; and

 

WHEREAS, two Muslim brothers, Tamerlan Tsarnev and Dzhokhar Tsarnev planted two bombs near the finish line of the Boston Marathon in Boston, Massachusetts killing numerous Americans; and

 

WHEREAS, Zale H. Thomson, also known as Zaim Farouq Abdul-Malik, attacked four New York policemen in the subway with a hatchet in the name of Islam and Allah, severely injuring one in the back of the head and injuring another policeman in the arm before being shot to death by the remaining officers, who also shot a civilian; and

 

WHEREAS, Two Muslim gunmen attacked the Curtis Culwell Center during a 'Draw Muhammad' cartoon art exhibit in Garland, Texas killing and injuring Americans in the name of Islam and Allah; and

 

WHEREAS, a Muslim civilian opened gunfire on two U.S. military installations in Chattanooga, Tennessee, killing five (5) military personnel in the name of Islam and Allah. 

 

WHEREAS, In the 2015 San Bernardino attack, Muslim married couple Rizwan Farook and Tashfeen Malik shot and killed 14 people and injured 22 others in a killing spree that the FBI determined was an act of terrorism in the name of Islam and Allah. 

 

WHEREAS, 49 people were killed and 53 injured in a mass shooting at a nightclub in Orlando, Florida. The shooter, Omar Mateen, a Muslim, pledged allegiance to ISIL by specifically calling police and journalists several times during the incident and committing the heinous unlawful act in the name of Islam and Allah. 

 

WHEREAS, three bombs exploded and several unexploded ones were found in the New York metropolitan area. The bombings left 31 people wounded and were carried out by the perpetrator in the name of Islam and Allah. Subsequently, the perpetrator has been charged with attempting to radicalize fellow jail inmates to espouse violent Islamic jihadism beliefs.

 

WHEREAS, 11 people were hospitalized for injuries after a car ramming attack and mass stabbing occurred at Ohio State University. The perpetrator, Abdul Razak Ali Artan, was a Muslim Somali refugee and legal permanent resident of the United States that committed the heinous act in the name of Islam and Allah. 

 

WHEREAS, A man drove a pickup truck into cyclists and runners along about 1 mile (2 km) of a bicycle path in Lower Manhattan, New York City. After he left the vehicle, the driver was wielding two guns (later found to be a paintball gun and a pellet gun); he was shot in the abdomen by police and arrested. An ISIS flag and a document that read either "It will endure." or "Islamic State will endure forever." in Arabic were found in the truck. This was done in the name of Islam and Allah. 

 

WHEREAS, the entire globe has seen the adverse effects of Islam in their hate-filled, jaded views that promote violence at all costs to people that do not adhere to Islam. 

WHEREAS, it is in the global interest and national interests of security and well-being for Americans to make unlawful any proselytizing of all religions that incites, promotes and/or causes violence, uses coercion and/or threat of coercion, uses force and/or threat of force unto any person or entity to get them to change their religion. 

 

NOW, THEREFORE, BE IT RESOLVED, THAT THE UNITED STATES HOUSE OF REPRESENTATIVES---

 

Title 52, Chapters 1, §§ 100-115

 

Section 100. Cited As

 

This Act can be cited as “ No Violence in Religion Act”. 

 

Section 101. Purpose

 

The purpose of this legislation is to eradicate and prevent abuses to human rights in the name of religion by making it unlawful for any official or unofficial religion, whether incorporated or unincorporated, to use force, coercion, violence or threat of violence to proselytize or persuade someone to change their religion. 

 

Section 102. Legislative Authority

 

This legislation is made pursuant to the Commerce Clause of the Constitution of the United States of America. U.S. Const. art. I, § 8, c. 3. Legislative authority is also conferred under the Necessary and Proper Clause of the Constitution of the United States of America. U.S. Const. art. I, § 8. 

 

Section 103. Definitions

 

(a) “Violence” is defined as any word, gesture, action and/or behavior that uses or threatens to use physical force intended to hurt, damage or kill someone or something. 

 

(b) “Religion” as used here means any belief or worship of official or unofficial institutions Gods, deities and or superhuman forces that exert control over humans lives and deaths. 

 

(c) “Proselytizing” as used here means any form of spreading knowledge in religion with the intent to disseminate an opinion to encourage the person to change religions.

 

(d) “Muslim” as used here means any person or entity adhering to and worshipping the religious institution of Islam by worshipping the Hebrew God of Abraham named Allah created by the descendants of Abraham’s son Ishmael. Ishmael is Issac's half-brother, the grandfather of the twelve tribes of Israel.

 

(e) “Jewish” means any person or entity adhering to and worshipping the religious institution of Judaism by worshipping the Hebrew God of Abraham named Adonai created by the descendants of Abraham’s son Issac and Abraham’s grandson Jacob. Jacobs twelve children, which are Abraham’s great grandchildren comprise the twelve tribes of Israel. 

 

(f) “Christian” or “Catholic” means any person or entity adhering to and worshipping the religious institution of Christianity by worshipping the Hebrew God of Abraham named Lord and his son Jesus of Nazareth as the Messiah that was crucified for remission of sin under Roman rule by Pontius Pilate. 

 

(g) “Other Religion” means any person or entity adhering to and worshipping any other religious institution outside the Abrahamic religions. 

 

Section 104. Permissible Uses

 

(a) Persons and entities may proselytize in the name of any religion by voluntarily engaging with other persons or entities in a consensual discourse wherein ideas, thoughts and words are exchanged regarding religion. Nothing in this chapter forbids proselytizing in accordance with this section even if the intent of the proselytizer is to change the religion of the recipient. The recipient must voluntarily agree to receive the religious material and has free will to terminate the exchange at any time and for any reason. The recipient is under no duty to change religions and retains freedom of intellectual thought to agree to receive the information, stop the exchange at any time and then ponder. 

 

(b) Permissible proselytizing only includes: (1) conversations in a discourse of exchange; (2) questions and answering session; (3) dissemination of flyers, pamphlets, posters, memoranda and letters; (4) social media posts; and (5) gathering and proclaiming a religion on a microphone, if allowed by property owner. 

 

Section 105. Impermissible Uses

 

(a) The preceding section with permissible uses are only allowed when it is voluntary, consensual and non-coercive. Any force, threat of force, coercion, threat of coercion, threat of violence or violence renders the permissible action impermissible and made unlawful by this section. 

 

(b) Moreover, no rights, privileges, immunities, and/or benefits, whether monetary and/or non-monetary can be offered in exchange for conversion to any religion as determined by this section. 

 

(c) Impermissible proselytizing includes, but does not limit: (a) following a person or entity to proselytize and persuade them to convert religions; (b) engaging with a person or entity involuntarily to proselytize and persuade them to change their religion; (c) threaten a person or entity in any way, regardless of imminence, to proselytize and persuade them to change religions; (d) use force or threat of force, whether mental and/or physical, regardless of imminence, to proselytize and persuade them to change religions; (e) forcibly touch, injure, kidnap, imprison, torture and/or murder a person or entity in any way, regardless of gravity and/or imminence, to proselytize and persuade them to change religions; and (f) harass, follow, stalk a person or entity to proselytize and persuade them to change religions in any way, especially if they refuse the offer to learn more about your religion. 

 

Section 106. Unlawful Act - Felony; Penalties

 

This chapter and the respective sections makes it unlawful to engage or attempt to engage in any unlawful proselytizing as delineated in the impermissible uses section of this chapter. Violation of this chapter is a crime of felony punishable by up to life in prison without parole if the unlawful act resulted in death and up to 25 years in prison if the unlawful act did not result in a death, and up to a fine of $500,000 depending on the circumstances and gravity of the violation. 

 

Section 107. Enforcement; Adjudication

 

The Executive Branch (Article II) has the power to enforce this federal law in The Judicial Branch (Article III). As such, the United States Attorneys and the Attorney General have standing to bring suit against the violators of this Act. Moreover, the federal courts have jurisdiction to hear all cases and/or controversies arising out of a violation of this federal law brought by the government. 

 

Section 108. No Inferred Rights, Privileges, Immunities And/Or Benefits

 

Nothing in this chapter shall be inferred to confer any rights, privileges, immunities and/or benefits, neither actually nor constructively to any person or entity except as expressed herein. 

 

Section 109. Reservation of all Rights, Privileges, Immunities And/Or Benefits

 

The Congress of the United States of America reserves all rights, privileges, immunities and/or benefits available at law regarding this legislation. 

 

Section 110. Subsequent Jurisprudence Barred By Political Question Doctrine 

 

Any case and/or controversy arising out of this legislation against any party is barred by political question doctrine. U.S. Const. art. III, § 2, c. 1. 

 

Section 111. Legislative Immunity

 

Any case and/or controversy arising out of this legislation against any member of Congress is barred by the Speech or Debate Clause of the Constitution of the United States of America. U.S. Const. art. I, § 6, c. 1. 

 

Section 112. Federal Preemption

 

This legislation hereby preempts the states and any cases/controversies arising in state government is preempted by the Supremacy Clause of the Constitution of the United States of America. U.S. Const. art. VI, c. 2. 

 

Section 113. Repeal of Old, Previous Legislation

 

Any state and/or federal legislation contrary to this legislation are hereby repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the old, previous legislation that is in full force and effect. 

 

Section 114. Antagonistic Jurisprudence

 

Any antagonistic jurisprudence contrary to this legislation is hereby rendered moot, repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the antagonistic jurisprudence that is in full force and effect.

 

Section 115. Subsequent Legislation

 

Any subsequent legislation, except a duly made amendment to this legislation by concurrence of a majority of each chamber of Congress, is of no valid force and effect. 

 

Sponsored By Rep. Ian A. Medina (D-FL): 01/09/2023

 

Passes U.S. House:

 

Passes U.S. Senate:

 

Signed Into Law By President Joseph R. Biden: