In October, Louisiana voters will decide on a constitutional amendment that would provide 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.” Under the amendment, a legal challenge brought against a state or a local government action for conflicting with this right would be required to be examined by a court with strict scrutiny. This means that a government entity could 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.
The Louisiana Constitution currently includes the right to freedom of religion in Section 8 of Article I. The amendment would provide 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.”
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. In the House, all 69 Republican representatives and one Independent representative voted in favor; while 16 Democratic representatives voted in favor and 13 voted against the amendment.
