Goal of new laws, legislation is to prevent disruptions of religious services and gatherings

“Right to worship” measures have spread to multiple states in the Midwest this year and are generally taking one of two forms: greater consequences for those who disrupt services or bans on government-imposed closures of religious gatherings.

The South Dakota Legislature approved in late February a bill enhancing the penalty for disrupting religious services, a crime described in statute as any threat or violent act by an individual that “intentionally prevents another person from performing any lawful act enjoined upon or recommended by the religion the other person professes.” Under this year’s SB 113, signed in mid-March, the crime will be a felony punishable by up to two years in prison and/or a fine of up to $4,000. It had been a misdemeanor.

Ohio law bars anyone from disrupting a lawful meeting by doing anything that “obstructs or interferes” with the meeting, or by making “any utterance, gesture or display which outrages the sensibilities of the group.” Disruptions of religious worship, including virtual gatherings, already are subject to higher-level misdemeanor charges. Under HB 662, the penalty would be raised to a Class 5 felony.

In Wisconsin, legislators have sent a constitutional amendment (AJR 10) to voters that would prevent state and local governments from closing or forbidding gatherings in places of worship during any declared state of emergency (federal, state or local). This includes public health emergencies. Two bills in Iowa this year aim specifically to limit the powers of the governor (HF 2694 and HF 2710).