New Hampshire lawmakers seek protections for houses of worship

(The Center Square) — Churches, mosques, synagogues and other houses of worship in New Hampshire were shut down for months as the state limited public gatherings to curb spread of the coronavirus.

But a proposal moving through the legislative process would prevent the state or local governments from shutting them down during future public health emergencies. HB542 which passed the Senate last week, would prevent the state from enforcing emergency health, safety, or occupancy regulations that would impose a “substantial burden” on religious services. The measure was previously approved by the House of Representatives. The measure was approved largely along party lines in both chambers, with Republicans supporting the legislation and Democrats opposing it. During the pandemic, Gov. Chris Sununu’s emergency stay-at-home order prohibited churches from holding in-person services.Supporters of the bill argue that the state was wrong to declare houses of worship “nonessential services” during the pandemic, while allowing hardware, grocery and liquor stores to remain open. “Quite frankly, if Home Depot was considered to be an essential service I think a church, and someone’s ability to go to worship, should also be an essential service,” Sen. Sharon Carson, R-Londonderry, said during a hearing on the bill last week. “We need to consider this as an essential service if and when we should ever do this again.” Carson and other supporters said even if churches are exempted from shut down orders, parishioners would still be required to wear masks and take other safety precautions. Opponents said they were concerned that the changes would impact the state’s ability to protect the public during a public health emergency, such as a pandemic. Sen. Rebecca Whitley, D-Hopkinton, said she felt the measure was being rushed through the legislative process without consideration to the potentially adverse impact. “The freedom to attend a worship service and practice religion is one of our most fundamental rights and one I take seriously,” Whitley said. “But I think we need to have a discussion about the balance of that most fundamental right with emergency powers, with public health and safety. And I don’t feel like we’ve had adequate time to do that.” Opponents also pointed out that despite the COVID-19 restrictions churches and other houses of worship were still able to reach the masses by remote services and other creative ways of allowing people to continue to worship. Gilles Bissonnette, legal director of the American Civil Liberties Union of New Hampshire, said provisions of measure added by House lawmakers would allow private businesses to violate the state’s anti-discrimination laws. He noted that similar legislation approved in Indiana and Arizona sparked corporate boycotts of those states. “This bill can allow businesses to use these principles to exempt themselves from our discrimination laws,” Bissonnette told the panel. The New Hampshire Attorney General’s office didn’t take a position on the bill, but pointed out that it could result in state sponsored discrimination against people seeking housing. The proposal now heads back to the House, where lawmakers will consider changes to the bill made by the Senate. If the House agrees with the latest version of the bill, it will head to Sununu’s desk for consideration.

Disclaimer: This content is distributed by The Center Square