Question 2: Freedom to Gather in Places of Worship During an Emergency
QUESTION 2: “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?”Section 1. Section 18 of article I of the constitution is created 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.Explanatory statement regarding Question 2:Under current law, Article I, section 18 of the Wisconsin Constitution, like the First Amendment of the U.S. Constitution, protects religious rights. In a declared state of emergency, officials may limit public gatherings, including religious gatherings, so long as religious and secular gatherings are treated equivalently.The proposed amendment would add a new clause to the end of Article I, section 18, prohibiting the state and local governments from ordering the closure or forbidding gatherings “in places of worship” when there is a state of emergency. That language would prevent officials from forbidding gatherings in places of worship even when other types of public gatherings have been closed.A “yes” vote on Question 2 would vote to amend Wis. Const. art. I, § 18. The amendment would prohibit the state and local governments from closing or prohibiting gatherings in places of worship during a state of emergency.A “no” vote on Question 2 would vote not to amend Wis. Const. art. I, § 18 of the Wisconsin Constitution.Source: Type C Notice of Referendum Election, November 3, 2026Statement of Transparency: The League of Women Voters has advocated for a position regarding this ballot measure. To avoid any conflict of interest, we have only included official, unbiased information provided by the State of Wisconsin.
