Louisiana Amendment 2, Constitutional Right to Worship in a Church or Place of Worship Amendment (October 2023)
| Louisiana Amendment 2 | |
|---|---|
 | |
| Election date October 14, 2023 | |
| Topic Constitutional rights and Religion | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Louisiana Amendment 2, the Constitutional Right to Worship in a Church or Place of Worship Amendment, was on the ballot in Louisiana as a legislatively referred constitutional amendment on October 14, 2023.[1] The ballot measure was approved.
A "yes" vote supported:
|
A "no" vote opposed providing in the state constitution that "the freedom to worship in a church or other place of worship is a fundamental right that is worthy of the highest order of protection" and requiring legal challenges to be examined with strict scrutiny. |
Election results
|
Louisiana Amendment 2 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
805,676 | 79.20% | ||
| No | 211,621 | 20.80% | ||
-
- Results are officially certified.
- Source
Overview
What did Amendment 2 add to the Louisiana Constitution?
- See also: Text of measure
Going into the election, Section 8 of Article I of the Louisiana Constitution includes the right to freedom of religion and states that "No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof."
Amendment 2 added a provision to the state constitution stating that "the freedom to worship in a church or other place of worship is a fundamental right that is worthy of the highest order of protection."[1]
Amendment 2 provided that the existing constitutional right to religious freedom, granted by Section 8 of Article I of the Louisiana Constitution "shall not be limited to the fundamental right to worship in a church or other place of worship."[1]
Under Amendment 2, a legal challenge brought against a state or a local government action for conflicting with this right is required to be examined by a court with strict scrutiny. This means that a government entity can only pass a law or take an action that conflicts with the right to worship if it can show that the law or action is necessary to achieve a compelling governmental interest and is narrowly tailored to achieve that interest.[1][2]
Legislative sponsor Sen. Beth Mizell (R), said, "In the latest action that we went through with the pandemic, churches were the last gathering place that were allowed to open. This bill attempts to affirm a right that was put in place at our founding which is the freedom of worship."[3]
Governor John Bel Edwards (D) issued a stay-at-home order for Louisiana in March 2020 that limited public or private gatherings of more than 50 people, and later decreased the limit to 10 people.[4]
Reverend Tony Spell was charged with six misdemeanor citations for violating the stay-at-home orders in April 2020 after holding religious gatherings at his church, Life Tabernacle Church, in Baton Rouge. Spell challenged his citations and alleged that his first amendment rights were violated by the stay-at-home order. On May 13, 2022, the Louisiana Supreme Court dropped the charges against Rev. Spell, in a 5-2 ruling, in which the court held that the executive orders violated Spell's right to exercise religion and do not survive the test of strict scrutiny, and were therefore unconstitutional. Justice William J. Crane wrote in the majority opinion, "A public health emergency does not relegate the First Amendment to a proposition or allow violations thereof to be judged on a sliding scale of constitutionality. The infringement of the fundamental right of the free exercise of religion, whether in times of crisis or calm, must always be strictly scrutinized by our courts.”[5][6]
Have other states voted on similar amendments?
In 2022, voters rejected Arkansas Issue 3, which would have amended the state constitution to provide that "government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability." The amendment was defeated with 50.41% of voters opposed and 49.59% of voters in favor.
In 2021, voters approved Texas Proposition 3, which amended the state constitution to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations. The amendment was approved with 62.42% of voters in favor and 37.85% of voters opposed.
What did supporters and opponents say about this amendment?
- See also: Support and Opposition
Pastor John Raymond with New Horizon Church in Slidell said, "The freedom to peacefully assemble and the freedom of religious expression were casualties of war during COVID-19. While some may consider our freedom of religious expression and our right to worship with our spiritual family an optional privilege, I urge you to recognize that it is an absolute right and must never again be compromised in times of crisis."[7]
The New Orleans Secular Humanist Association wrote a letter opposing the amendment, stating, "What the 'highest order of protection' entails is unclear, but one might assume that the First Amendment in the U.S. Constitution is about as high as an order of legal protection could get. The only issue that this might be relevant to is that of government restrictions on public gatherings for health (such as pandemics) or other public safety concerns — but I'm sure Mizell would not risk the wellbeing of her fellow citizens for the sake of going to church for a few days. I am also sure Mizell is sincere about her dedication and devotion to this ideal and to her faith, but at the same time knows suggesting this vague, redundant wording to our constitution will be well-received by, and strengthen the loyalty of, her constituents as lagniappe."[8]
Text of measure
Ballot title
The ballot question for the amendment was as follows:[1]
| “ |
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? (Adds Const. Article XII, Section 17)[9] |
” |
Constitutional changes
- See also: Article XII, Louisiana Constitution
The ballot measure added a Section 17 to Article XII of the Louisiana Constitution. The following underlined text was added:[1]
Note: Hover over the text and scroll to see the full text.
§17. Freedom of worship in churches or other places of worship
(A) The freedom to worship in a church or other place of worship is a fundamental right that is worthy of the highest order of protection.
(B) This Section shall not alter or limit Article 1, Section 8 of this constitution in any way. The free exercise of religion guaranteed by Article 1, Section 8 of this constitution shall not be limited to the fundamental right to worship in a church or other place of worship.
(C) If a state or local governmental body or official acts in a manner that is contrary to the provisions of this Section and a challenge is brought related to that governmental action, the court shall apply strict scrutiny in order to protect the fundamental right to worship in a church or other place of worship, unless there is a higher level of protection or scrutiny recognized and applied by the court.[9]
Support
Supporters
Officials
- State Sen. Beth Mizell (R)
Arguments
Opposition
Arguments
Campaign finance
Ballotpedia did not locate political action committees registered to support or oppose the ballot measure.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Governor John Bel Edwards (D) issued a stay-at-home order for Louisiana in March 2020 that limited public or private gatherings of more than 50 people, and later decreased the limit to 10 people. [10]
Between March and April 2020, 43 governors issued orders directing residents to stay at home and nonessential businesses to close in response to the coronavirus pandemic. All Democratic governors (24) issued stay-at-home orders in their states, while 19 of the 26 Republican governors issued stay-at-home orders.
Louisiana Supreme Court ruling in State of Louisiana v. Mark Anthony Spell, 2022
Reverend Tony Spell was charged with six misdemeanor citations for violating the stay-at-home orders in April 2020 after holding religious gatherings at his church in Baton Rouge, Life Tabernacle Church. Spell launched a legal challenge against the state arguing that his first amendment rights were violated by the stay-at-home order. On May 13, 2022, the Louisiana Supreme Court dropped the charges against Rev. Spell, in a 5-2 ruling, in which the court held that the executive orders violated Spell's right to exercise religion and do not survive the test of strict scrutiny, and were therefore unconstitutional. Justice William J. Crane wrote in the majority opinion, "A public health emergency does not relegate the First Amendment to a proposition or allow violations thereof to be judged on a sliding scale of constitutionality. The infringement of the fundamental right of the free exercise of religion, whether in times of crisis or calm, must always be strictly scrutinized by our courts.”[11][12]
Louisiana Constitution Declaration of Rights
- See also: Article I, Louisiana Constitution
Article I of the Louisiana Constitution contains the Declaration of Rights. Section 8 includes the right to freedom of religion. The text of Section 8 is below.
|
Freedom of Religion No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof. |
The coronavirus pandemic has shaped the political landscape of the United States, including the powers of governors and state legislatures. Changes have been proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, require ballot measures for ratification. Others are citizen-initiated proposals, meaning campaigns collect signatures to put policies and laws on the ballot for voters to decide.
- Arkansas Issue 3 of 2022: In 2022, voters rejected Arkansas Issue 3, which would have amended the state constitution to provide that "government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability." The amendment was defeated with 50.41% of voters opposed and 49.59% of voters in favor.
- Texas Proposition 3 of 2021: In 2021, voters approved Texas Proposition 3, which amended the state constitution to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations. The amendment was approved with 62.42% of voters in favor and 37.85% of voters opposed.
Odd-year ballot measures in Louisiana
A total of 56 constitutional amendments appeared on the statewide ballot in Louisiana during odd-numbered years from 1999 through 2021. Of the 56 amendments, 37 (67.27%) were approved and 19 (34.54%) were defeated.
| Legislatively-referred constitutional amendments, 1999-2021 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Odd-year average | Odd-year median | Odd-year minimum | Odd-year maximum | |
| 56 | 37 | 67.27% | 19 | 34.54% | 5 | 4 | 0 | 16 | |
Path to the ballot
- See also: Amending the Louisiana Constitution
In Louisiana, a two-thirds vote is needed in each chamber of the Louisiana State Legislature to refer a legislatively referred constitutional amendment to the ballot for voter consideration.
This amendment was introduced as Senate Bill 63. It was passed unanimously in the Senate on May 2, 2023. The House passed the bill on May 30, 2023, by a vote of 86-13 with six members absent.[1]
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
How to cast a vote
- See also: Voting in Louisiana
See below to learn more about current voter registration rules, identification requirements, and poll times in Louisiana.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Louisiana State Legislature, "Senate Bill 63," accessed April 4, 2023
- ↑ Congressional Research Service, "Equal Protection: Strict Scrutiny of Racial Classifications," accessed June 13, 2023
- ↑ KALB, "La. residents could soon vote on religious rights," accessed June 13, 2023
- ↑ WWLTV, "La. Governor issues 'Stay at Home' order: What that means for you," accessed June 13, 2023
- ↑ WAFB, "La. pandemic restrictions violated religious rights, court rules; Pastor Tony Spell takes victory lap," accessed June 13, 2023
- ↑ Louisiana Supreme Court, "State of Louisiana v. Mark Anthony Spell," accessed June 13, 2023
- ↑ KALB, "La. residents could soon vote on religious rights," accessed June 13, 2023
- ↑ The Advocate, "Letters: Church bill offers solution to non-problem," accessed June 13, 2023
- ↑ 9.0 9.1 9.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ WWLTV, "La. Governor issues 'Stay at Home' order: What that means for you," accessed June 13, 2023
- ↑ WAFB, "La. pandemic restrictions violated religious rights, court rules; Pastor Tony Spell takes victory lap," accessed June 13, 2023
- ↑ Louisiana Supreme Court, "State of Louisiana v. Mark Anthony Spell," accessed June 13, 2023
- ↑ Louisiana Secretary of State, "FAQ: Voting on Election Day," accessed November 12, 2025
- ↑ Louisiana Secretary of State, "Vote on Election Day," accessed November 12, 2025
- ↑ 15.0 15.1 15.2 15.3 Louisiana Secretary of State, "Register to Vote," accessed November 12, 2025
- ↑ NCSL, "Automatic Voter Registration," accessed November 12, 2025
- ↑ NCSL, "Same-Day Voter Registration," accessed November 12, 2025
- ↑ Louisiana State Legislature, "La. Rev. Stat. Ann. § 18:104," accessed March 16, 2026
- ↑ Louisiana Secretary of State, "Louisiana Voter Registration Application," accessed January 27, 2026
- ↑ United States District Court For The Middle District of Louisiana, "DEFENDANTS’ MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS’ AMENDED COMPLAINT," December 23, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Florida's law takes effect on January 1, 2027
- ↑ 23.0 23.1 Louisiana Secretary of State, "Vote on Election Day," accessed November 12, 2025
 |
State of Louisiana Baton Rouge (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2026 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
