Of Course People Should Be Able to Worship. But What Happens During an Emergency?

By Windy Lynn Warren

Freedom to gather in places of worship during an emergency

WHAT YOU’LL SEE ON YOUR BALLOT

“Freedom to gather in places of worship during an 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?”

Let’s break it down in simple terms.

When I first read this question, my immediate thought was pretty simple: How dare the government forbid people from gathering at a place of worship? Of course we shouldn't let that happen.

Then I kept reading. And reading.

More than an hour later, I understood why this question wasn't nearly as simple as it first sounded to me.

WHAT DO WE ALREADY HAVE?

Religious freedom is already protected by both the U.S. Constitution and the Wisconsin Constitution. People already have a constitutional right to practice their religion.

U.S. Constitution, First Amendment — Free Exercise of Religion

Wisconsin Constitution, Article I, §18 — Freedom of Worship and Liberty of Conscience

Question 2 would add something new: During an emergency, state or local government could not order a place of worship closed or “forbid gatherings” there because of that emergency.

AN EMERGENCY DOESN’T HAVE TO MEAN ANOTHER PANDEMIC

TORNADO • MAJOR FLOOD • WILDFIRE • CHEMICAL SPILL

…or something we haven’t even imagined yet.

IMAGINE THE AFTERMATH OF A MASSIVE TORNADO

Imagine buildings have been severely damaged. Power lines lay on the ground, sparking and daring anyone to come near them. Trees block every road. A place of worship is inside the epicenter of this disaster, and people want to gather there.

Of course they do.

Places of worship can become places where people gather, help one another, find shelter, hand out food and supplies, grieve and figure out what comes next.

But what if this particular place is inside the danger zone? What if getting there means sending people into an area emergency officials are desperately trying to keep people out of?

Now look again at two words on the ballot:

“FORBID GATHERINGS”

BUT WHAT DOES THAT ACTUALLY MEAN?

Imagine a church holds 500 people. During a dangerous outbreak, officials don't close it. Instead, they say only 100 people can gather inside at one time.

Are they “forbidding gatherings” for the other 400 people?

We don’t know.

The amendment doesn't explain whether “forbid gatherings” means completely stopping a gathering or whether it could also include limiting how many people may attend. That could eventually have to be decided by a court.

IF YES WINS

The new protection is added to the Wisconsin Constitution. State and local government could not order places of worship closed or forbid gatherings there in response to an emergency.

IF NO WINS

The Wisconsin Constitution stays as it is. Existing religious-freedom protections remain, but this additional restriction on government's emergency powers is not added.

Neither answer creates or removes the religious freedom people already have.

ONE LAST THING TO THINK ABOUT

Picture a disaster in your own town. Who should have the final say about whether people can gather at a place of worship during that emergency—and what limits should there be on government's power?

I'm not here to answer that question for you. I just want you to be informed and prepared for it, because I wasn't when I first read it.

Sources: U.S. Constitution, Amendment I • Wisconsin Constitution, Article I, §18 • Wisconsin State Democracy Research Initiative