The Wisconsin Constitution guarantees the right to worship under Article I, Section 18: “The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed.”[1]
The government does not possess the right to tell us when we may or may not go to church. Freedom to worship is a natural, inalienable right protected in our Constitution. But we all remember March 2020 when our government locked down our state for months on end—a far cry from the “two weeks” they had originally asked for. As the mandates and orders multiplied, suspicion and fear reached record highs. And, perhaps most concerning, we watched our government encroach upon our precious freedoms.
Loss of Freedoms in 2020
Despite our Constitution’s clear guarantee of our right to worship, in 2020, we were prevented from exercising our rights—often with discrimination when compared to secular organizations.
One example of discrimination against religious gatherings took place on Sunday, April 5, 2020. That Sunday, Rev. Joseph Fisher was preaching a Palm Sunday message at Pilgrim Lutheran Church in West Bend, Wisconsin. In accordance with Governor Tony Evers’s “safer-at-home” order, the church had reduced its in-person attendance from 700 down to 18 people separated between two different rooms. But their careful accordance with the order did not keep a suspicious neighbor from calling the police. Halfway through the service, the police arrived and sent all those in attendance home. Only Fisher and other church personnel were allowed to stay and complete the church’s live-stream service.[2]
After the fact, the West Bend police apologized for interrupting the service, and Fisher referred to the shutdown as a “misunderstanding.” Although this instance may have been nothing more than a misunderstanding, it showcases the suspicion and fear that reigned during the COVID-19 pandemic and affected our freedom to worship. Churches across the state and country closed their doors for months and conducted their services through livestream for fear of government repercussions even after other businesses and public places had reopened.
Another example of government discrimination against religious centers took place in Dane Country a month later. On May 18, 2020, Madison/Dane country officials put out an order that listed houses of worship as “essential services” meaning that they were allowed to operate at 25 percent capacity. As the order went into effect, many churches and places of worship prepped for their first Sunday back in person. But just four days after the original order, Madison/Dane County released a new order that capped in-person worship services at 50 people. This blatant discrimination placed the public’s access to entertainment activities above worship services. One organization that fights for religious liberty explains, “This new order meant that some . . . churches in Madison would be limited to less than five percent capacity, while shopping malls, bars, restaurants, spas, gyms, salons, museums, movie theaters, community centers, bowling alleys, skating rinks, trampoline parks and more were free to open at 25 percent capacity.” In this instance, Madison/Dane county officials used the COVID lockdowns as a means of discrimination against churches.
After issuing the order, the Madison/Dane County Health Department contacted religious leaders informing them that overseers would be attending their churches to ensure that they adhered to the 50-person limit. Churches were also informed that they would be fined up to $1000 for every instance the order was broken.[3]
The Slippery Slope
The mandates and orders of 2020 brought up many questions regarding religious liberty. Does declaring a public emergency give the government the right to close places of worship? Can the government dictate when, where, and how many people may gather to worship? The answer, of course, is no! Closing places of worship, even in times of emergency, is a direct violation of our religious liberties guaranteed in our Constitution.
Allowing the government to determine when churches are essential is a slippery slope. It doesn’t take much imagination to foresee scenarios where the government could declare an emergency for any kind of reason thereby granting itself the ability to infringe upon our right to worship. Considering the abuse of religious freedoms that took place during 2020, it is not farfetched to imagine these scenarios and to try to prevent them from becoming a reality.
Neither the United States Constitution nor the Wisconsin Constitution provides government officials the right to determine when church should or should not be held. One Wisconsin pastor explains, “The founding fathers of the United States of America understood that church is essential and therefore they guaranteed the freedom of religion and assembly in the Constitution. I find no exceptions for pandemics in the first amendment.”[4] Any attempt to infringe upon religious liberty is a blatant affront to the Constitution. No matter the crisis, the power to close churches should never rest on the arbitrary whims of government officials.
Protecting Religious Liberty in Wisconsin
Since the pandemic, many states have passed legislation that exempts houses of worship from shutdown during a declared emergency. In 2021, one such bill passed through the Wisconsin legislature. But Governor Evers vetoed it. Since Evers refuses to sign bills supporting religious liberty, the Wisconsin legislature is currently considering a constitutional amendment to protect religious freedom. This amendment was passed by the Legislature last legislative session and must be passed again this legislative session before it can be turned to the people for a vote. Passing through the vote is the final step for a constitutional amendment, which means that Evers does not have a say in whether the amendment is passed.
Since our Wisconsin Supreme Court remains under activist control, constitutional amendments securing our freedoms are more essential than ever before. In this case, passing this amendment would protect individuals from government overreach and ensure that religious freedoms remain unassailable.
Wisconsinites deserve the security of knowing that their religious freedoms will be respected regardless of the situation.
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