Prohibit Closure of Places of Worship During States of Emergency Amendment
CCTE supports Wisconsin Question 2. The measure would amend Article I, Section 18 of the Wisconsin Constitution to prohibit the state or any political subdivision from ordering the closure of, or forbidding gatherings in, places of worship in response to a state of emergency—including a public health emergency—preserving the freedom of religious assembly against future government overreach.
Frequently Asked Questions
What would Question 2 change about current Wisconsin law?
While Article I, Section 18 of the Wisconsin state constitution is already devoted to "Freedom of worship; liberty of conscience; state religion; public funds," it does not protect religious places of worship from forced governmental closures during state emergencies.
If Question 2 passes, then citizens would be able to continue gathering in churches and other places of worship during "a state of emergency at the national, state, or local level, including an emergency related to public health."
What does the amendment prohibit specifically?
Question 2 prohibits "the state or a political subdivision of the state" from "[ordering] the closure of or [forbidding] gatherings in places of worship in response to a state of emergency at the national, state, or local level, including an emergency related to public health."
What prompted this amendment?
During the Covid-19 pandemic, Gov. Tony Evers signed the "Safer at Home Order," which forbade churches and other places of worship from gathering with groups of more than 10 individuals in a single room.
Due to the severe restraints on meeting sizes, this order forced the closure of the vast majority of churches in the state.
Does the amendment apply only to public health emergencies?
No, this amendment protects churches from being forced to close in response to any "state of emergency at the national, state, or local level, including an emergency related to public health."
Would places of worship be exempt from all public health regulations?
No. While this amendment would protect churches from forced closure in response to "an emergency related to public health," it would not exempt the church from all public health regulations.
Other public health regulations, such as kitchen sanitation requirements for public meals, would remain intact.
Where does this amendment fit in the Wisconsin Constitution?
If it passes, the language of this amendment would be added to Article I, Section 18 of the Wisconsin state constitution. That section is entitled, "Freedom of worship; liberty of conscience; state religion; public funds."
How does this relate to the U.S. Supreme Court's COVID-era rulings?
During the COVID pandemic, the U.S. Supreme Court issued several rulings related to church closures and gathering size. In one of the most applicable cases, Roman Catholic Diocese of Brooklyn v. Cuomo (2020), the Court ruled that occupancy regulations which "single out houses of worship for especially harsh treatment" are unconstitutional. If a state wants to limit gathering sizes for churches, that state must treat all comparable secular activities similarly.
Wisconsin Question 2 would go one step further by altogether preventing the closure of churches in response to a public health emergency.
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