Legislature OKs Const’l Change To Ban Closing Churches in LA

The Louisiana Legislature has approved and sent to the voters a constitutional amendment to protect the right to freedom of worship in a church or other place of worship.  The amendment says in-church worship is a fundamental right that is worthy of the highest order of protection.

The proposal, which began as SB 63 by Sen. Beth Mizell (R-Franklinton), passed both houses of the legislature with more than a two-thirds’ vote.  It is now Act 30 of the 2023 Regular Session.  

The proposal will appear on the ballot statewide on Saturday, Oct. 14, 2023.  If approved by the voters, it will add a new section to the Louisiana Constitution — Art. XII, Section 17.  Because it is a constitutional amendment, it was not subject to veto by the governor. 

During debate in the Louisiana House, Rep. Mike Johnson (R-Pineville) who handled SB63 for Sen. Mizell, was asked by Rep. Mandie Landry (D-New Orleans) why the proposed amendment was necessary in view the broad protection of freedom of religion and assembly found in Article I, Section 8 of the Louisiana Constitution. Rep. Johnson told members of the House, “This is not freedom of religion!  It’s freedom to worship in a church. We saw unbelievably in 2020 that, according to the governor, it was necessary to close down churches.” 

In answer to Rep. Kyle Green (D-Marrero), Johnson said, “This goes beyond the right to practice religion. This goes to the right to assemble and practice it in a church as a group,” he said. Johnson said the religious liberty provisions of state and federal constitutions aren’t as specific on the right to attend church as the proposed amendment.

“This will make it clear that while churches were told they could not meet, abortion clinics were left open.  In-person casinos were left open, while in-person church attendance was shut down. This amendment recognizes that — above all else — the right to assemble and worship in our churches is of paramount importance and deserving of a constitution amendment,” Johnson said.

Much of the debate centered around Rev. Tony Spell and Life Tabernacle Church in Central.

Rep. Landry (D-New Orleans), an opponent of the constitutional amendment, questioned why it was necessary. “Didn’t Pastor Spell win his Supreme Court case?” she asked.

Rep. Johnson said, “Because we didn’t have a constitutional amendment in place that would have made it so clear that [the governor’s action] would have been stopped in the district court or the appeals court and not have had to go all the way to the Supreme Court and taken two years!”

He said, “There was case law created by [the Life Tabernacle case] but this shortcuts the drawn out legal proceedings by putting it in the Constitution.  So the courts have some guidance on exactly what the citizens of Louisiana want and how high the right to go to church and a house of worship is.”

Another opponent, Rep. Kyle Green (D-Jefferson) said, “So this wouldn’t do anything to prevent a future governor from taking action if that governor saw fit to restrict a fundamental right and that governor believed there was a compelling interest to protect the citizens!”

Rep. Johnson replied, “That’s an argument but it also gives those who are imposed upon by such an order a clear line to a stated, clearly directed constitutional recognition of a right in the Louisiana Constitution — a right to worship in a church or place of worship.”

All 39 Louisiana senators voted for the Right to Worship in a Church amendment.  In the House, it passed 86-13 with six absences.

A total of 69 Republicans voted for the amendment. No Republicans opposed it.  One, Rep. Joe Stagni, was absent. Among Democrats, the vote was 14 for, 13 against, and 4 absent.

The language on the Oct. 14 election ballot will read as follows:

Art. XII Section 17. 

Do you support an amendment to provide that the freedom of worship in a church or other place of worship is a fundamental right that is worthy of the highest order of protection?

The proposed amendment shall become part of the Louisiana Constitution 20 days after promulgation of its approval.