Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SJR4

Introduced
2/5/25  
Refer
2/5/25  

Caption

The freedom to gather in places of worship during a state of emergency (second consideration).

Summary

SJR4 is a proposed constitutional amendment that would change Article I, Section 18 of the Wisconsin Constitution to prohibit the state or any political subdivision from ordering the closure of, or forbidding gatherings in, places of worship during a state of emergency. The prohibition would apply to emergencies at the national, state, or local level, including public health emergencies. The resolution is on second consideration, meaning it is the follow-up legislative step for a constitutional amendment previously approved by the 2023 Legislature. If approved again by the 2025 Legislature, the amendment would be submitted to voters at the November 2026 general election. The ballot question would ask whether the constitution should be amended to protect the freedom to gather in places of worship during an emergency by limiting government authority to close churches, synagogues, mosques, temples, and other houses of worship or bar in-person religious gatherings.

Impact

The measure would directly amend the state constitution, creating a specific limitation on emergency powers held by the state and local governments. It would affect Article I, Section 18, which already protects religious liberty, by adding an express rule that places of worship may not be ordered closed or barred from gathering during emergencies, including public health emergencies. If ratified by voters, it would constrain future emergency response measures and could affect how state and local officials respond to pandemics, disasters, or other declared emergencies involving religious services.

Sentiment

The bill text and context indicate strong support among a broad bipartisan coalition of legislative sponsors, suggesting favorable sentiment in the Legislature. The proposal is a second-consideration constitutional amendment, which also indicates it has already cleared one legislative hurdle in the prior session. No committee testimony, votes, or recorded opposition are provided in the materials, so the available record shows support but does not document the full range of public or legislative views.

Contention

The main point of contention is the balance between religious liberty and government emergency authority. Supporters appear to favor an absolute constitutional protection for in-person worship during emergencies, while potential critics would likely argue that the amendment could limit public health or safety measures in extreme circumstances. Because the proposal specifically includes public health emergencies, it may raise concerns about whether state and local governments could respond uniformly to outbreaks or other crises if houses of worship are treated differently from other gathering places.

Companion Bills

WI AJR10

Crossfiled 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).

Previously Filed As

WI AJR10

The freedom to gather in places of worship during a state of emergency (second consideration).

WI SB306

Creates the crime of obstruction of the freedom of worship in a church or other place of worship. (gov sig)

WI HB2760

Establishes the "PRAISE Act", prohibiting the closure of places of worship during an emergency

WI SJR2

Requiring photographic identification to vote in any election (second consideration).

WI AJR1

Requiring photographic identification to vote in any election (second consideration).

WI SJR94

Prohibiting governmental entity discrimination (second consideration).

WI AJR102

Prohibiting governmental entity discrimination (second consideration).

WI SJR116

Prohibiting the governor from using the partial veto to create or increase any tax or fee (second consideration).

WI AJR127

Prohibiting the governor from using the partial veto to create or increase any tax or fee (second consideration).

WI S0052

Security Services at Places of Worship

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