2025 - 2026 LEGISLATURE
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2025 ASSEMBLY JOINT RESOLUTION 10
February 24, 2025 - Introduced by Representatives TUSLER, GREEN, ALLEN,
ARMSTRONG, BEHNKE, BRILL, BROOKS, CALLAHAN, DITTRICH, DONOVAN,
FRANKLIN, GOEBEN, GUNDRUM, GUSTAFSON, HURD, B. JACOBSON, KNODL,
KREIBICH, MAXEY, MURPHY, NEDWESKI, O'CONNOR, PENTERMAN,
PIWOWARCZYK, TITTL and WICHGERS, cosponsored by Senators TOMCZYK,
NASS, BRADLEY, CABRAL-GUEVARA, FELZKOWSKI, JAMES, KAPENGA and QUINN.
Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
To amend section 18 of article I of the constitution; relating to: the freedom to
gather in places of worship during a state of emergency (second consideration).
Analysis by the Legislative Reference Bureau
EXPLANATION OF PROPOSAL
This proposed constitutional amendment, to be given second consideration by
the 2025 legislature for submittal to the voters in November 2026, was first
considered by the 2023 legislature in 2023 Senate Joint Resolution 54, which
became 2023 Enrolled Joint Resolution 11.
This constitutional amendment provides that the state or a political
subdivision of the state may not order the closure of or forbid 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.
PROCEDURE FOR SECOND CONSIDERATION
When a proposed constitutional amendment is before the legislature on
second consideration, any change in the text approved by the preceding legislature
causes the proposed constitutional amendment to revert to first consideration
status so that second consideration approval would have to be given by the next
legislature before the proposal may be submitted to the people for ratification [see
joint rule 57 (2)].
If the legislature approves a proposed constitutional amendment on second
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SECTION 1
consideration, it must also set the date for submitting the proposed constitutional
amendment to the people for ratification and must determine the question or
questions to appear on the ballot.
Whereas, the 2023 legislature in regular session considered a proposed
amendment to the constitution in 2023 Senate Joint Resolution 54, which became
2023 Enrolled Joint Resolution 11, and agreed to it by a majority of the members
elected to each of the two houses, which proposed amendment reads as follows:
SECTION 1. Section 18 of article I of the constitution is amended to
read:
[Article I] Section 18. The right of every person to worship
Almighty God according to the dictates of conscience shall never be
infringed; nor shall any person be compelled to attend, erect or support
any place of worship, or to maintain any ministry, without consent; nor
shall any control of, or interference with, the rights of conscience be
permitted, or any preference be given by law to any religious
establishments or modes of worship; nor shall any money be drawn from
the treasury for the benefit of religious societies, or religious or
theological seminaries; nor shall the state or a political subdivision of the
state order the closure of or forbid 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.
Now, therefore, be it resolved by the assembly, the senate concurring,
That the foregoing proposed amendment to the constitution is agreed to by the
2025 legislature; and, be it further
Resolved, That the foregoing proposed amendment to the constitution be
submitted to a vote of the people at the election to be held on the first Tuesday of
November 2026; and, be it further
Resolved, That the question concerning ratification of the foregoing proposed
amendment to the constitution be stated on the ballot as follows:
QUESTION 1: XFreedom to gather in places of worship during an
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emergency. Shall section 18 of article I of the constitution, which deals with
religious liberty, be amended to prohibit 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, including a public health emergency?Y
(END)
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