Congress Must Act to Protect Worshippers' Right to Pray in Peace

Longtime synagogue-goer Marvin Gerber calls for federal law to create buffer zones around houses of worship to stop targeted harassment

Feb. 22, 2026 at 4:27pm

Marvin Gerber, a member of Beth Israel Congregation in Ann Arbor, Michigan, has had to walk past protesters holding antisemitic signs and chants for the past 25 years every Saturday as he goes to pray at his synagogue. He argues that Congress should pass a federal law creating reasonable buffer zones around houses of worship to protect the right to freely exercise religion without fear of intimidation or harassment.

Why it matters

This issue extends beyond the Jewish community, as churches, mosques, temples, and other faith groups across the country have faced similar tactics of targeted intimidation at their places of worship. Protecting the right to freely practice religion is a core American value, and creating federal safeguards could help ensure all Americans can worship without fear.

The details

Gerber has been part of a lawsuit, Gerber v. Herskovitz, that challenged the weekly protests outside his synagogue, but the court ruled that the FACE Act does not prohibit the persistent, targeted close-proximity intimidation tactics used by the protesters. New York and some states are considering creating buffer zones around houses of worship, but Gerber argues a federal baseline law is needed to provide consistent protection across the country.

  • For the past 25 years, Gerber has had to walk past protesters every Saturday as he goes to pray at his synagogue in Ann Arbor, Michigan.
  • A few months ago, a pro-Hamas mob harassed congregants outside Manhattan's Park East Synagogue, prompting action in Albany and New York City.

The players

Marvin Gerber

A longtime resident of Ann Arbor, Michigan, and a member of Beth Israel Congregation who has faced years of harassment from protesters outside his synagogue.

Beth Israel Congregation

The synagogue in Ann Arbor, Michigan, where Gerber has had to walk past protesters for 25 years.

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What they’re saying

“New Yorkers got a taste of our weekly ordeal when a pro-Hamas mob harassed congregants outside Manhattan's Park East Synagogue a few months ago.”

— Marvin Gerber (nypost.com)

“The goal isn't to silence protest. If you want to spew hatred against my religion, you are free to do so.”

— Marvin Gerber (nypost.com)

What’s next

Congress should pass a federal law barring targeted protests within a reasonable distance of entrances, driveways or parking lots of houses of worship during service hours, with authority for local police to extend that perimeter when necessary for safety or crowd control.

The takeaway

Protecting the right to freely practice religion is a core American value, and creating federal safeguards to prevent targeted harassment and intimidation at houses of worship could help ensure all Americans can worship without fear.