A resolution defending the free exercise of religion.

III 116TH CONGRESS 2D SESSION S. RES. 806 Defending the free exercise of religion. IN THE SENATE OF THE UNITED STATES DECEMBER 18, 2020 Mr. SCOTT of Florida (for himself, Mr. TILLIS, Mr. WICKER, Mr. BOOZMAN, Mr. CRAMER, Mr. PERDUE, Mr. ROUNDS, Mr. RUBIO, Mrs. BLACKBURN, Mr. COTTON, Mr. HOEVEN, Mr. BRAUN, Mrs. LOEFFLER, Mr. CRUZ, Mrs. HYDE-SMITH, Mr. LANKFORD, Mr. BARRASSO, Mr. PAUL, and Mr. DAINES) submitted the following resolution; which was referred to the Committee on the Judiciary RESOLUTION Defending the free exercise of religion. Whereas the First Amendment to the Constitution of the United States clearly, plainly, and unequivocally states that ‘‘Congress shall make no law respecting an estab- lishment of religion, or prohibiting the free exercise thereof’’; Whereas the constitutional protection of this bedrock prin- ciple of religious liberty was extended to the actions of the several States through the Fourteenth Amendment to the Constitution of the United States; Whereas, despite the clear prohibition against laws infringing upon the free exercise of religion, houses of worship and religious organizations have been frequent targets of VerDate Sep 11 2014 02:00 Dec 19, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR806.IS SR806 pamtmann on DSKBC07HB2PROD with BILLS 2 •SRES 806 IS asymmetric restrictions by State and local government of- ficials during the coronavirus pandemic; Whereas irrespective of compliance with mask mandates, so- cial distancing, and other protective measures to limit the spread of the coronavirus, houses of worship and reli- gious organizations have been subjected to size restric- tions or outright bans on in-person gatherings which se- verely infringe upon the right of their members to freely exercise their religion; Whereas, while houses of worship and religious organizations are subjected to severe restrictions under the guise of limiting the transmission of the coronavirus, businesses and secular activities enjoy substantially more favorable treatment by some State and local government officials, including— (1) New York Governor Andrew Cuomo, who se- verely restricted the number of members who could enter a church or synagogue in color-designated zones, but im- posed no size restrictions on ‘‘essential’’ businesses, like acupuncture facilities, hardware stores, and liquor stores, and permitted other ‘‘non-essential’’ businesses to define their own size restrictions; (2) North Carolina Governor Roy Cooper, who re- quired worship services involving more than 10 people to be held outdoors unless a church demonstrated doing so would be ‘‘impossible’’, but commercial shopping centers could allow people into the stores without limitation; (3) California Governor Gavin Newsom, who prohib- ited or severely limited in-person worship services in counties with large numbers of coronavirus cases, but secular businesses and activities such as shopping malls, VerDate Sep 11 2014 02:00 Dec 19, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR806.IS SR806 pamtmann on DSKBC07HB2PROD with BILLS 3 •SRES 806 IS swap meets, and card rooms were permitted higher at- tendance; (4) New Jersey Governor Phil Murphy, who prohib- ited or severely restricted indoor services by houses of worship because they were not deemed ‘‘essential’’, but commercial establishments like marijuana dispensaries and liquor stores were permitted to remain open; (5) Nevada Governor Steve Sisolak, who imposed strict numerical attendance caps on houses of worship be- cause they were not deemed ‘‘essential’’, but allowed casi- nos and amusement parks to operate at half-capacity without specific numerical limits on people within those facilities; and (6) Mayor of the District of Columbia Muriel Bow- ser, who prohibited even outdoor religious services at- tended by more than 100 people, regardless of compli- ance with face-covering and social distancing require- ments, but actively encouraged and participated in crowd- ed political demonstrations attended by thousands of in- dividuals; Whereas the United States Supreme Court recently granted injunctive relief to 2 houses of worship in New York against the discriminatory actions by New York Governor Andrew Cuomo, and declared ‘‘even in a pandemic, the Constitution cannot be put away and forgotten’’; and Whereas, for millions of people of the United States, church- es, synagogues, and houses of worship are more than just buildings, and the ability to gather together in prayer for people of all faiths, creeds, and beliefs must not be di- minished or impeded by the whims of government offi- cials: Now, therefore, be it Resolved, That the Senate— 1 VerDate Sep 11 2014 02:00 Dec 19, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SR806.IS SR806 pamtmann on DSKBC07HB2PROD with BILLS 4 •SRES 806 IS (1) affirms its support for the rights, liberties, 1 and protections enshrined in the United States Con- 2 stitution; and 3 (2) commits to vigorously defend the right of all 4 people of the United States to engage in the free ex- 5 ercise of religion. 6 Æ VerDate Sep 11 2014 02:00 Dec 19, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\SR806.IS SR806 pamtmann on DSKBC07HB2PROD with BILLS