Wisconsin Republicans Trying to Pass Constitutional Amendment to Exempt Houses of Worship From State Emergency Orders

Wednesday, August 9th, 2023 -- 11:00 AM

(By Anya van Wagtendonk, Wisconsin Public Radio) Churches and other houses of worship would not have to close their doors during states of emergency under a proposed amendment to the Wisconsin state Constitution.

According to Anya van Wagtendonk with Wisconsin Public Radio, the amendment would update the religious freedom section of the state Constitution to say houses of worship are exempt from state of emergency orders at the national, state or local levels.

It would mean the government can't close or forbid gatherings in places of worship during events such as severe weather, political unrest or public health emergencies like a pandemic. The bill's Republican co-authors said the proposal is a response to policy during the early months of the COVID-19 pandemic, when gatherings of more than 10 people were prohibited.

"I do not believe the government should have any say in the matter (of) whether a church should be closed," said Rep. Ty Bodden, R-Hilbert. He told WPR that he has received positive feedback on the proposal from religious leaders.

At a public hearing before the Senate Committee on Licensing, Constitution and Federalism on July 18, advocates for the bill said it was a matter of separating church from state and promoting religious freedom.

Co-sponsor Sen. Cory Tomczyk, R-Mosinee, referred to an incident in April 2020, when police halted a Palm Sunday service in West Bend. "When it comes to my Wisconsin and American right to worship in the manner I want to, I don't give a damn what the governor says," he said.

Peter Bakken, of the Wisconsin Council of Churches, said closing a building is not the same thing as forbidding worship. He questioned how the amendment would define "closure," "gatherings" and houses of worship.

"Public statements and reporting about the effect of public health emergency orders on houses of worship very often misrepresent what is actually at stake for religious communities," Bakken said. "A church or other house of worship is not 'closed' or 'shut down' simply because in-person gatherings are restricted due to public health or safety concerns."

In March 2020, Gov. Tony Evers' Department of Health Services secretary issued a "Safer at Home" order that restricted mass gatherings. That order was overturned by the Wisconsin Supreme Court's conservative majority in May 2020.

Sen. Tim Carpenter, D-Milwaukee, said Wisconsin's existing religious freedom laws are strong enough. A constitutional amendment must be approved by the entire Legislature in two consecutive legislative sessions, and then go before voters for final approval. If a majority of voters approve it, it is not subject to a governor's veto.

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