Wisconsin Voters to Decide Constitutional Protection Against Church Closures

Pacific Justice Institute supports amendment protecting religious gatherings during declared emergencies

MADISON, Wis. - Pacific Justice Institute (PJI) is expressing its support for a proposed amendment to the Wisconsin Constitution that would prohibit state and local governments from closing places of worship or forbidding religious gatherings during declared emergencies, including public health emergencies.

On Nov. 3, 2026, Wisconsin voters will decide whether to amend Article I, Section 18 of the Wisconsin Constitution, which protects religious liberty. The proposal would strengthen protections for religious gatherings consistent with the freedoms guaranteed by the First Amendment to the U.S. Constitution.

The amendment follows restrictions imposed during the COVID-19 pandemic. In March 2020, Gov. Tony Evers' administration issued its Safer at Home order, restricting religious gatherings to fewer than 10 people. On May 13, 2020, the Wisconsin Supreme Court struck down an extension of the statewide order, finding that state health officials had exceeded their statutory authority.

Additional restrictions in Dane County initially allowed certain businesses to operate at 25% capacity while limiting religious gatherings to 50 people. County officials subsequently modified those restrictions following objections from religious leaders.

In 2021, Wisconsin lawmakers passed legislation intended to protect religious gatherings from emergency closure orders, but Evers vetoed the bill. Lawmakers later advanced a constitutional amendment to establish permanent protections.

"During an emergency, people often turn to their churches for prayer, comfort and spiritual guidance," said PJI President and Founder Brad Dacus. "Government officials should not have the authority to close houses of worship simply because an emergency has been declared. Wisconsin voters now have an opportunity to protect religious freedom for future generations."

At least 20 states have enacted laws protecting religious gatherings during declared emergencies. Wisconsin's proposal would establish an explicit constitutional prohibition against government-ordered closures of places of worship during such emergencies.

The ballot question asks voters whether the state constitution should be amended to prohibit state and local governments from closing places of worship or forbidding gatherings in response to emergencies.

"This amendment would provide Wisconsin residents with a clear constitutional protection against government interference with religious gatherings during emergencies," said Carol Lee Ferrero, PJI's Wisconsin attorney. "Religious freedom does not cease to exist during a public health crisis. The government must respect the right of individuals to gather and practice their faith."

PJI supports the amendment because houses of worship should remain accessible when individuals and families need them most.

About Pacific Justice Institute

Pacific Justice Institute is a nonprofit legal organization dedicated to defending religious freedom, parental rights and other civil liberties. PJI provides legal representation without charge to individuals and organizations whose constitutional rights are threatened.

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Media Contact: Pacific Justice Institute • (916) 857-6900 • [email protected] • PacificJustice.org