Wisconsin voters to weigh ban on church closures in health emergencies

Voters in the Wisconsin midterm elections will decide whether to ban the local government from closing places of worship in a state of emergency, six years after a diocese threatened to sue over Mass restrictions during the COVID-19 pandemic.

The ballot measure, titled “Prohibit Government Closure of Places of Worship During Emergencies Amendment (2026),” would alter Section 18 of Article I of Wisconsin’s state constitution to include the sentence: “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.”

“Although the Wisconsin Catholic Conference did not take a position on the constitutional amendment, we discussed possible changes with the authors,” David Earleywine, executive director of the Wisconsin Catholic Conference, told EWTN News. Earleywine declined to elaborate on what changes were discussed.

“Religious liberty is the fundamental right to practice one’s faith openly without fear or coercion. Pope Leo XIV recently said that it is the ‘cornerstone of any just society,’” he said. “Freedom to gather for worship is only one important aspect of religious liberty and religious conduct, both of which extend beyond the four walls of a house of worship.”

The measure comes more than six years after the Diocese of Madison threatened to sue the local government of Dane County over its imposition of a 50-person cap on Mass attendance in 2020.

Bishop Donald Hying of Madison told EWTN News at the time that “as bishop, it is my duty to ensure that our sacraments are available to the Catholic faithful, while following best practices when it comes to public health.”

“Religious liberty enshrines freedom of conscience, the right to worship, and the right of religious organizations to serve the common good in the public square. A ballot initiative this fall speaks to that right,” Hying said in his Oct. 15 column in the Madison Catholic Herald.

Similarly, in an Oct. 2 video message on voting ahead of the 2026 midterm elections, Hying addressed the ballot initiative, saying: “Thereʼs a ballot initiative in Wisconsin this year that speaks about the importance of the primacy for houses of worship to remain open during potential future pandemics.”

“We know that that right to worship, that religious liberty, is a foundational part of our Constitution but also our life as Christians,” Hying said. “The Mass for us is everything.”

The Archdiocese of Milwaukee declined requests for an interview or comment.