Question 2: Freedom to Gather in Places of Worship During an Emergency

The law today

Article I, Section 18 of the Wisconsin Constitution currently provides that the right of every person to worship Almighty God according to the dictates of conscience shall never be infringed, that no person may be compelled to attend, erect or support any place of worship or maintain any ministry without consent, that no control of or interference with the rights of conscience is permitted, and that no preference may be given by law to any religious establishments or modes of worship or money drawn from the treasury for the benefit of religious societies or seminaries. It has no clause on emergency orders. The amendment would add the new clause to this section.[5]

Arguments made for

• Daniel Degner, President of Wisconsin Family Action: "Sadly, in 2020, we saw the government use emergency powers to abridge the people’s right to assemble in places of worship."[4]
• State Rep. Ron Tusler (R-Harrison), the lead author, in Assembly Judiciary Committee testimony: "This resolution doesn't ask for special treatment; it asks for equal protection. It ensures that the government cannot single out religious gatherings for closure while allowing other gatherings to remain open."[7]

Arguments made against

• State Sen. Chris Larson (D-Milwaukee): "None of us want to be in a position to prevent large, meaningful gatherings of our neighbors from taking place, and thanks to virtual meeting technology, we don’t have to. We do have a responsibility as government officials to preserve the lives of our constituents to the degree that we can. AJR 10 prevents public health officers from doing their jobs, endangering countless lives in any future pandemic."[3]
• League of Women Voters of Wisconsin, in its position filed with the Wisconsin Ethics Commission: "The League further believes that as public health crises increasingly reveal, a health program should protect the health of its most vulnerable populations, urban and rural, in order to protect the health of everyone."[8]
• Debra Cronmiller, executive director of the League of Women Voters of Wisconsin: "I think that conflating disease prevention with the right to worship is completely wrong-minded. No one's right to worship was compromised during that executive order period."[10]

On record in support

• Wisconsin Family Action (testified in support of AJR 10 on May 7, 2025; says it will work with churches to turn out voters for the amendment)[7][4]
• Pro-Life Wisconsin (testified in support of AJR 10 on May 7, 2025)[7][9]
• State Rep. Ron Tusler (R-Harrison), the lead Assembly author, and State Sen. Cory Tomczyk (R-Mosinee), who testified for the resolution[7][6]
• Tom Tiffany, the Republican candidate for governor, who has said he supports all three amendments[10]

On record in opposition

• League of Women Voters of Wisconsin (position filed with the Wisconsin Ethics Commission: "the League opposes this constitutional amendment")[8][9]
• State Sen. Chris Larson (D), who wrote that the amendment should be rejected[3]
• David Crowley, the Democratic candidate for governor, who has expressed opposition to all three amendments[10]