The freedom to gather in places of worship during a state of emergency (first consideration).
Impact
If enacted, SJR54 would significantly alter the legal landscape regarding how state authorities manage public health emergencies and their impact on religious institutions. It reinforces the notion that places of worship maintain a protected status during emergencies, limiting the state’s ability to impose restrictions that could prevent individuals from exercising their right to gather and worship. This could lead to challenges in balancing public health measures with constitutional rights, particularly during unforeseen disasters or health crises.
Summary
SJR54, introduced in the 2023-2024 legislative session, seeks to amend section 18 of article I of the state constitution, ensuring that the state or any political subdivision cannot prohibit gatherings in places of worship during a declared state of emergency. This amendment is particularly relevant in the context of public health emergencies, aiming to protect the rights of congregations to assemble and worship freely regardless of crises that may require public safety interventions. The bill has garnered support from various legislators who emphasize the importance of religious freedoms in times of crisis.
Contention
Debate surrounding SJR54 is expected to focus on the implications of such an amendment on public safety and health regulations. Critics may argue that this constitutional guarantee could hinder the government's ability to impose necessary restrictions during health emergencies, potentially putting the public at risk. Supporters, on the other hand, assert that the bill is a vital protection of religious freedoms, asserting that worship should not be impeded by state interventions, even under pressing circumstances.
Constitutional Amendment to provide that the right of freedom of worship in churches or other places of worship is a fundamental right that is worthy of the highest order of protection. (2/3-CA13s1(A))