I don’t think states have any more authority to penalize you for what you’re NOT doing than does the national government.
Call me crazy, but I think that’s massive, intrusive, abusive government. There’s nothing in our constitution that says states are allowed to abuse our basic rights.
The difference is, you don’t have to live in that state, you can move to a state that doesn’t force you to pay.
When the feds do it, there is nowhere to go.