Question 2: Places of worship during an emergencyNo government orders closing places of worship in an emergency
Read the full text of the measure: official referendum notice (PDF)
In plain words
During COVID-19 in 2020, a state order limited most gatherings to fewer than 10 people, including at places of worship. This amendment adds to the state constitution's religious liberty section: the state and local governments ("political subdivisions" means counties, cities, villages, towns and the like) could not close places of worship, or forbid people gathering in them, because of a state of emergency. It does not require any place of worship to stay open. (wausaupilotandreview.com )
Before and after
| Question | Today | If it passes |
|---|---|---|
| Can a state or local emergency order close a place of worship? | Possible, subject to court challenge | No |
| Can an emergency order ban gatherings in a place of worship? | Possible (in 2020, gatherings were capped at under 10 people) | No |
| Can a place of worship choose to close? | Yes | Yes |
Numbers from the official ballot title (ballot title ); also see (news.ballotpedia.org )
Example
Biggest change
- Bars the state or any local government from ordering places of worship closed, or forbidding gatherings in them, in response to a state of emergency, including a public health emergency. source: somerswi.gov
Who it affects most: Churches, mosques, synagogues and other places of worship and the people who attend them; state and local public health officials.
Cost to the state: Unknown. No cost estimate was found.
Our plain-words summary. Every line points to its source.
What your vote means
State and local governments could never close places of worship or ban gatherings there during an emergency.
Emergency orders could still limit or close gatherings in places of worship, as in 2020, subject to court challenges.
Our one-line summary. Wisconsin does not publish an official "what your vote means" statement; the ballot title above is the official description.
Why people want it, and why others object
Why this is on the ballot
The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with a simple majority of the votes cast on it.
- In March 2020 Gov. Evers' stay-at-home order called religious groups essential but said "any gathering shall include fewer than 10 people in a room or confined space at a time." In April 2021 Evers vetoed a bill that would have barred local health officers from closing houses of worship during COVID-19. source: news.ballotpedia.org
- The Legislature gave it final approval on Jan. 21, 2026: Assembly 56-43, Senate 18-15. Republicans and two Assembly Democrats voted yes. source: news.ballotpedia.org
Why supporters want it
- Rep. Ron Tusler (R-Assembly District 3): "The events of 2020 exposed a troubling inconsistency in how we apply constitutional rights." source: news.ballotpedia.org
- Wisconsin Family Action President Daniel Degner said the amendment does not require places of worship to stay open but lets churches, not the government, decide how to operate. source: wausaupilotandreview.com
Why opponents object
- Sen. Chris Larson (D-Senate District 7): "AJR 10 prevents public health officers from doing their jobs, endangering countless lives in any future pandemic." source: news.ballotpedia.org
- Wisconsin Council of Churches, in a letter: "Trying to define the options in advance, without any clear idea of exactly what we could be facing in the future," (the council is listed as neutral). source: wausaupilotandreview.com
Who backs each side
- For: the Republican majority in the Legislature; Pro-Life Wisconsin; Wisconsin Family Action. Against: League of Women Voters of Wisconsin. Neutral: Wisconsin Council of Churches; Wisconsin Catholic Conference (neutral when first introduced). No public record of campaign money for either side was found in the sources checked. source: wausaupilotandreview.com
In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.
What you will see on your ballot
Official ballot wording, word for word (tap to open)
The official ballot title, word for word from the official referendum notice .
Freedom to gather in places of worship during an emergency. Shall section 18 of article I of the constitution, which deals with religious liberty, be amended to prohibit the state or a political subdivision of the state from ordering the closure of, or forbidding gatherings in, places of worship in response to a state of emergency, including a public health emergency?
YES
NO
Latest news
Recent reporting from a range of outlets, newest first. We link to it; we don't endorse it.
No articles collected yet for this measure.
Full text of the measure
Read it in the official referendum notice (PDF) .
Read more
- Type A Notice of Referendum (State), Nov. 3, 2026 (Kenosha County Clerk, posted by Village of Somers). Replace with WEC's official notice or ballot when available.
- Wausau Pilot & Review (USA TODAY Network): guide to the 3 referendums
- Ballotpedia News: worship and discrimination amendments
We link to analysis from several sources; we don't endorse it.