Friend:

Ballot measures are a risky business. Wording can be vague or misleading, proposals simplistic, and outcomes unintended.

Texas has already had quite a year, and now they have cooked-up Proposition 3 for the Nov. 2 ballot. It would amend the state constitution to prohibit limits on religious services for any reason—including for public health or emergency reasons. 

The gambit is a direct response to the temporary limits on gatherings, including at houses of worship, issued during the COVID-19 pandemic. AU has already filed 50 friend-of-the-court briefs opposing religious exemptions to these orders, explaining that secular and religious gatherings should be treated the same and that allowing exemptions in close indoor settings would harm entire communities by allowing the virus to spread. Many courts agreed with us, but unfortunately, the Supreme Court, once Justice Amy Coney Barrett joined it, did not.

Yet Prop 3 goes even further—giving houses of worship blanket exemption from any restrictions that limit religious services—even in emergencies and regardless of the scale of danger to others. For instance:

■    If an accident caused an explosion at a chemical plant and a spill of highly toxic and flammable materials, emergency responders would have to allow houses of worship to remain open despite the hazards;

■    The governor might be unable to issue and enforce evacuation orders in the event of wildfires, mudslides or hurricanes if the orders close roads that prevent access to houses of worship;

 ■    Fire marshals might not be able to ensure that a church complies with occupancy limits and emergency exit requirements.

AU believes strongly that houses of worship cannot be beyond the reach of public health and safety laws. 

David Marcus of AU’s El Paso chapter summarized the stakes of this kind of religious exceptionalism in an op-ed piece that got national media exposure this week:

“Federal and state laws already protect the right of houses of worship to hold religious services. Under the U.S. and Texas constitution, the government can place limits on religious activities in emergency situations so long as such limitations are neutral and generally applicable or ‘narrowly tailored’ to serve a ‘compelling’ state interest … Our laws cannot grant religious exemptions that put public health and safety at risk.”

The Texas referendum is more proof that religious extremists are focusing new energy on state-level battles in their relentless crusade to weaken separation between religion and government. Americans United is committed to defeating this trend and—with your support and advocacy—will continue to hold our lawmakers accountable to the religious freedom our Constitution promises.

With hope and gratitude,