[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 806 Introduced in Senate (IS)]

<DOC>






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 establishment of religion, or prohibiting the free 
        exercise thereof'';
Whereas the constitutional protection of this bedrock principle 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 asymmetric restrictions by State and local 
        government officials during the coronavirus pandemic;
Whereas irrespective of compliance with mask mandates, social distancing, and 
        other protective measures to limit the spread of the coronavirus, houses 
        of worship and religious organizations have been subjected to size 
        restrictions or outright bans on in-person gatherings which severely 
        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 severely restricted the number 
of members who could enter a church or synagogue in color-designated zones, 
but imposed 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 required 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 prohibited or severely 
limited in-person worship services in counties with large numbers of 
coronavirus cases, but secular businesses and activities such as shopping 
malls, swap meets, and card rooms were permitted higher attendance;

    (4) New Jersey Governor Phil Murphy, who prohibited 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 because they were not deemed 
``essential'', but allowed casinos 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 Bowser, who prohibited 
even outdoor religious services attended by more than 100 people, 
regardless of compliance with face-covering and social distancing 
requirements, but actively encouraged and participated in crowded political 
demonstrations attended by thousands of individuals;

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, churches, 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 diminished or impeded by the whims of government officials: 
        Now, therefore, be it
    Resolved, That the Senate--
            (1) affirms its support for the rights, liberties, and 
        protections enshrined in the United States Constitution; and
            (2) commits to vigorously defend the right of all people of 
        the United States to engage in the free exercise of religion.
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