Bill > SCR13

Introduced Session

Rising COVID-19 infections in New Jersey prompted Governor Murphy to declare a state of emergency and announce a Statewide curfew on March 9, 2020 and a Statewide stay-at-home-order on March 21, 2020. Churches and houses of worship were affected by the Statewide stay-at-home order and were closed between March and June 2020 for in-person religious services and once re-opened, remained heavily restricted by indoor capacity limits placed by Governor Murphy. Not all secular businesses and services were equally restricted. Many, like grocery stores, pharmacies, and liquor stores were deemed "essential" by executive order and remained open with few or no restrictions. Churches and houses of worship were not deemed "essential" despite the important services they provide New Jersey residents, such as food pantries, homeless shelters, and a sense of community, unity, and hope. Religious liberty is protected by the United States Constitution and the New Jersey Constitution. The First Amendment to the United States Constitution prevents the government from prohibiting the free exercise of religion and the freedom to peaceably assemble and the New Jersey Constitution specifically protects the manner of worshipping Almighty God. The Supreme Court of the United States determined that certain COVID-19 restrictions in the states of California, Colorado, and New York, in particular indoor gathering restrictions and religious household gathering restrictions, violated religious liberty as guaranteed by the First Amendment. Governor Murphy has utilized his gubernatorial powers aggressively since the beginning of the COVID-19 pandemic in ways that have abridged, and not protected, the freedom of New Jersey residents. Restrictions on religious gatherings in New Jersey during the COVID-19 health emergency potentially violated certain unalienable rights protected by the Constitution of the United States, and in light of these violations, the Legislature of New Jersey urges the Governor of New Jersey to protect religious liberty during a declared state of emergency.

Committee Categories

Jim Holzapfel (R)*,  Edward Durr (R), 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/11/2022)

Official Document