2025 - 2026 LEGISLATURE
LRBs0055/1
MPG:cdc
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY JOINT RESOLUTION 10
May 20, 2025 - Offered by Representative Ortiz-Velez.
AJR10-ASA1,1,5
1To renumber and amend section 18 of article I; to create section 18 (2) of article 2I of the constitution; relating to: the freedom to gather in places of worship
3during a state of emergency and requirements concerning assistance in the
4detention of individuals in places of worship who are or are alleged to be not
5lawfully present in the United States (first consideration). Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 2025 legislature on first consideration, provides that the state or a political subdivision of the state may not order the closure of or forbid gatherings in places of worship in response to a state of emergency at the national, state, or local level, including an emergency related to public health.
The constitutional amendment additionally provides all of the following:
1. No official, employee, or agent of the state or a political subdivision of the state, including any law enforcement officer, may aid in the detention of an individual in a place of worship if the individual is being detained on the sole basis that the individual is or is alleged to be not lawfully present in the United States.
2. Except as required pursuant to a properly executed judicial warrant, no person employed or otherwise lawfully present at a place of worship may be required to provide access to such place or otherwise aid federal officials for purposes of the detention of an individual at such place who is being detained on the sole basis that the individual is or is alleged to be not lawfully present in the United States.
A constitutional amendment requires adoption by two successive legislatures, and ratification by the people, before it can become effective.
AJR10-ASA1,12Section 1. Section 18 of article I of the constitution is renumbered section 18 3(1) of article I and amended to read: AJR10-ASA1,2,134[Article I] Section 18 (1) The right of every person to worship Almighty God 5according to the dictates of conscience shall never be infringed; nor shall any person 6be compelled to attend, erect or support any place of worship, or to maintain any 7ministry, without consent; nor shall any control of, or interference with, the rights 8of conscience be permitted, or any preference be given by law to any religious 9establishments or modes of worship; nor shall any money be drawn from the 10treasury for the benefit of religious societies, or religious or theological seminaries; 11nor shall the state or a political subdivision of the state order the closure of or forbid 12gatherings in places of worship in response to a state of emergency at the national, 13state, or local level, including an emergency related to public health. AJR10-ASA1,214Section 2. Section 18 (2) of article I of the constitution is created to read: AJR10-ASA1,2,1915[Article I] Section 18 (2) (a) No official, employee, or agent of the state or a 16political subdivision of the state, including any law enforcement officer, may aid in 17the detention of an individual if the individual is being detained on the sole basis 18that the individual is or is alleged to be not lawfully present in the United States 19and the detention occurs in a place of worship. AJR10-ASA1,3,6
1(b) Except as required pursuant to a properly executed judicial warrant, no 2person employed or otherwise lawfully present at a place of worship may be 3required to provide access to such place or otherwise aid federal officials for 4purposes of the detention of an individual at such place who is being detained on 5the sole basis that the individual is or is alleged to be not lawfully present in the 6United States. AJR10-ASA1,37Section 3. Numbering of new provision. If another constitutional 8amendment ratified by the people creates the number of any provision created in 9this joint resolution, the chief of the legislative reference bureau shall determine 10the sequencing and the numbering of the provisions whose numbers conflict. AJR10-ASA1,3,1311Be it further resolved, That this proposed amendment be referred to the 12legislature to be chosen at the next general election and that it be published for 13three months previous to the time of holding such election.
