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Pennsylvania House of Representatives
06/04/2024 07:45 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=H&cosponId=41892
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: January 2, 2024 12:08 PM
From: Representative Alec J. Ryncavage
To: All House members
Subject: Keep Houses of Worship Open Durning States of Emergency
 
In the near future, I will be introducing legislation to prevent the closure of houses of worship and protect the gathering for worship during an emergency declaration, as happened at times during the COVID-19 pandemic.
 
My legislation amends PA’s Religious Freedom Protection Act, which mandates that an agency shall not harm a person's free exercise of religion.
 
This legislation ensures that Governors, Secretaries of Health, or any governing body - now and in the future - cannot interfere with our constitutionally protected right to freedom of religion guaranteed under both the Pennsylvania Constitution and the U.S. Constitution.
 
According to the American Center for Law and Justice, Pennsylvania is one of 28 states that lacks specific protections for houses of worship during states of emergency enshrined in state law.
 
During the COVID-19 pandemic, my colleague - Clint Owlett (R-67) - introduced House Bill 2530 in the 2019-20 session, which prevented an order issued by the Governor pursuant to a declaration of disaster emergency or a control measure taken under the Disease Prevention and Control Law from:
  • Infringing on the right to assemble to worship according to a person's faith.
  • Impacting the ability to travel to or from a place of worship.
  • Authorizing any adverse action against a religious institution or members of a religious organization for exercising their religion.
The bill passed the House of Representatives with bipartisan support but was not considered by the Senate.
 
My legislation seeks to update his version by amending the definition of “substantially burden” to include preventing a person from physically assembling or gathering to engage in free exercise of religion. I also include travel for the purpose of gathering as a part of “substantially burden”. Finally, my legislation prohibits an agency from using a disaster emergency or the Disease Prevention and Control Law as grounds for an exception to substantially burden a person’s free exercise of religion.
 
I hope you’ll consider joining me in supporting this legislation.


Introduced as HB2023