During the pandemic panic, Emergency orders ran roughshod over individual rights. Courts in NH, tasked with defending citizens against Constitutional infringements, aided and abetted the abuses. One of those abuses was declaring places of worship non-essential, but NH has added a new law to protect them.
HB542, relative to the protection of religious liberty – “provides that, during a state of emergency, the state shall permit religious organizations to operate to the same degree as other organizations that provide essential services or are vital to public health and welfare.”
In New Hampshire, this means that your church will have the same rights as liquor stores.
One of the most baffling aspects of this segregation of society was that state liquor stores and Home Depot were allowed to remain open. At the same time, churches and houses of worship were forced to endure harsher restrictions. This was a violation, intentional or not, of one of the most fundamental freedoms that we hold, the First Amendment freedom of religion.
The body of the bill makes this clear.
546-C:2 State of Emergency Protections.
I. Notwithstanding RSA 4:45 or any other provision of law to the contrary, during a state of emergency, the state government shall permit a religious organization to continue operating and to engage in religious services to the same or greater extent that other organizations or businesses that provide essential services that are necessary and vital to the health and welfare of the public are permitted to operate.
Places of worship are still subject to neutral public or occupational safety requirements, but the state may not treat them differently. In other words, that thing in the constitution that protects them above and beyond liquor and hardware stores just got some backup.
It should never have needed it, but as the culture of deference to the restraints of Constitutions has eroded, we find ourselves needing to make laws to do what should not need to be done.
A dangerous pastime.
We are abrogating the clear language of restraint, already subject to the abuse of partisan interpretation, for more words whose meaning and context invite meddling.
While it is not the path we would choose, the age and custom have left us with little recourse. We find ourselves needing more language to explain fewer words, placing legislative tea leaves before courts and bureaucrats drawn toward a power which these documents exist to curtail.
But we appreciate the effort and the result, especially this last bit from HB542.
Any religious organization that successfully asserts a claim or defense under this section may recover appropriate relief including, but not limited to, injunctive relief, declaratory relief, compensatory damages, and costs and attorney fees.
If you have to write a law, make sure it has a few teeth, and HB542 does.
Note: One of the cosponsors of HB542, Rep. Jim Kofalt, is an author at GraniteGrok.com
