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The Breakdown: Constitutional amendment would make worship “fundamental right” in Louisiana

It alters the Louisiana constitution, making freedom of worship in churches a “fundamental right” and instructing the court to apply the highest order of protection.

NEW ORLEANS — A Constitutional Amendment on the ballot this fall could provide strict legal protections for religious gatherings, even during a future pandemic.

Earlier this week, SB63 written by Senator Beth Mizell passed the House. 

It alters the Louisiana constitution, making freedom of worship in churches a “fundamental right” and instructing the court to apply the highest order of protection.

It would make it more difficult to shutter churches during something like a future pandemic. You may remember how this played out at the beginning of COVID.

In late March of 2020, Governor John Bel Edwards issued the first stay-at-home order which set limits on church services, which were considered “non-essential” gatherings. 

Many churchgoers simply attended services online, but some church leaders defied the order. 

One preacher, Reverend Tony Spell, was arrested shortly after packing 500 people into his Baton Rouge church weeks into the pandemic. 

He ministered while wearing an ankle monitor, drew national criticism, and waged a legal war on the state for infringing on his religious freedoms. 

Attorney General Jeff Landry then got involved and asked the Governor to open churches without limits on the number of those attending.

If passed, Mizell’s amendment would give Spell and Landry’s arguments more teeth, and make it harder for the state to impose restrictions in the first place.

Act Number 30 will be on the October 14th ballot and will become law if voters choose to pass it.

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