Indiana Senate OKs bill prohibiting emergency restrictions on religious services

Indiana Senate lawmakers voted to prohibit local governments and Gov. Eric Holcomb from restricting the right to worship in-person during an emergency — another blow to the governor's authority.

Under Senate Bill 263, the government may still regulate religious organizations in other ways, such as restricting a church's daycare services or schools, as long as they are not more restrictive than regulations "imposed on other businesses and organizations that provide essential services to the public."

The bill language is vague on what is considered a "restriction" on the right to worship, "essential services" or even "worship." For example, it's unclear whether a mask mandate in church would be considered a restriction on the right to worship. That leaves gray area on what the government actually could do. 

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Under the bill, Holcomb and local government leaders likely could not require social distancing during an act of worship, nor could they limit the number of people allowed to attend an in-person indoor service or order houses of worship to close to in-person worship. 

Up until Holcomb's emergency order expired this week, Hoosiers were told to be spaced 6 feet apart during religious services. Earlier in the pandemic, churches were closed as part of Holcomb's stay-at-home order. 

Had this bill language already been intact at the start of the COVID-19 pandemic, Holcomb likely wouldn't have been able to take those actions.

Bill author Sen. Eric Koch, R-Bedord, said the bill serves to protect freedom of religion. 

"This will protect that very carefully enshrined right in our Constitution," Koch said. "And as to the large gatherings, I trust and I know that no religious leader would put the members of his church at risk in an irresponsible sort of way."

Sen. Tim Lanane, D-Anderson, argued the state should have the right to implement some control, while still respecting the right to worship, in the case of an emergency that could "threaten mass death within a society." 

"I wish we could maybe reconsider what the proper balance is between the rights of us to exercise religion, which I firmly hold," Lanane said, "(and) the rights of the state in an unusual extraordinary situation to say, 'We have compelling reasons to limit even your right, for some period of time, to worship, so you don't harm your fellow human beings.'"

Other lawmakers such as Sen. Jim Tomes, R-Wadesville, worried the bill language would allow for too many restrictions of religious activities. He pointed to language allowing for certain restrictions on non-worship-related activities. 

The Senate concurred with House changes by a 36-10 vote Thursday. The House had previously passed the bill by a 74-20 vote, so it goes to Holcomb's desk. 

Holcomb's office said he was reviewing the bill. If he does veto it, lawmakers could override it with a simple majority. 

Already, he plans to veto House Bill 1123, another bill limiting his powers during an emergency. That legislation would allow lawmakers to call themselves back into a 40-day session during an emergency, a provision some experts say is unconstitutional. That bill also establishes an emergency advisory group and enables the General Assembly to appropriate discretionary federal funds when the body is in session. 

Call IndyStar reporter Kaitlin Lange at 317-432-9270. Follow her on Twitter: @kaitlin_lange.