Raleigh, North Carolina
AP
Conservative Christian leaders sued Governor Roy Cooper on Thursday, asking a court to throw out his restrictions on indoor religious services in North Carolina during the COVID-19 pandemic. They argued the limits, initiated by Cooper with health in mind, violate their rights to worship freely.
Two Baptist churches, a minister and a Christian revival group filed the federal lawsuit seeking to immediately block enforcement of rules covering religious services within the Democratic governor’s executive orders. The latest order still largely prevents most faith organizations from holding indoor services attended by more than 10 people.
Sherry and Jim Womack, of Lee County, North Carolina, and Carl Mischka of New Bern, North Carolina, right, pray during a Return America rally, calling on Gov. Roy Cooper to rescind his executive order prohibiting churches from holding indoor worship services on 14th May on the Legislative grounds in Raleigh, North Carolina. PICTURE: Robert Willett/The News & Observer via AP.
Cooper’s office has said the newest order stating permitted services may “take place outdoors unless impossible” carries only a narrow exception, such as when religious activities dictate they occur indoors with more people.
Those backing the lawsuit in Greenville federal court said the restrictions violate the First Amendment and treat churches differently from retailers and other secular activities. Under the first step of Cooper’s three-phase plan for reopening now underway, most businesses can open doors provided the number of people inside doesn’t exceed 50 per cent of the building’s fire code capacity.
US JUDGE REJECTS CHURCHES’ CHALLENGE TO STAY-AT-HOME ORDER
A federal judge on Wednesday rejected a challenge to Illinois Governor JB Pritzker’s authority to impose stay-at-home orders on churches in the battle against the coronavirus.
US District Judge Robert Gettleman denied a request for a temporary restraining order by two churches. Elim Romanian Pentecostal Church in Chicago and Logos Baptist Ministries in Niles wanted to hold worship services while reducing seating, designating entry and exit points, offering hand sanitizer and cleaning facilities. Elim Romanian held services Sunday despite Pritzker’s order.
The judge dismissed the comparison between churches and grocery stores. He asserted churches are more comparable to schools, movie theaters or concert halls, where people are also not gathering.
Gettleman noted COVID-19 can easily spread in church despite the efforts of congregants, adding the churches’ desire to hold services “cannot outweigh the health and safety of the public.”
The churches have filed notice they will appeal Gettleman’s ruling.
Gettleman’s decision follows that of US District Court Judge John Lee, who two weeks ago ruled against a northwest Illinois church that sought a temporary restraining in order to hold worship services.
Pritzker has modified his order to allow the “free exercise of religion,” but limited religious gatherings to no more than 10 people.
– AP
“Freedoms curbed eventually becomes no freedom at all,” Rev Ron Baity, pastor of Berean Baptist Church in Winston-Salem, said at a rally of roughly 500 people next to the Legislative Building. Baity, who is a plaintiff along with Berean Baptist and the Return America group he leads, said the use of church buildings have been an integral part of US history for centuries: ”If there’s ever been a time our communities need the church, it is now.”
Cooper, a routine churchgoer, said later Thursday that he hadn’t read the lawsuit. He said his orders “have been drawn carefully to recognise First Amendment protections” and will ultimately end.
The Governor and health department Secretary Mandy Cohen have said that churches and retailers are different: while store patrons walk up and down aisles, churchgoers usually sit down for long periods of time, which make them more susceptible to spread or catch the new coronavirus. Some local sheriffs have said they won’t cite churches for holding indoor services.
“Let’s look at the bottom line here: We don’t want our churches to become hot spots for this virus,” Cooper told reporters, adding he recognizes the importance of faith and fellowship during times of crisis. But “we hope that congregations across North Carolina will talk with their leaders and will make good decisions about what is right to look after each other.”
North Carolina health officials reported more than 16,500 people have tested positive for COVID-19 as of Thursday morning with 615 related deaths. Cohen said the nearly 700 case jump compared to Wednesday is the largest day-over-day increase.
Still, Cohen said Thursday that case and testing trends remain largely stable but that more data is needed in the coming days before deciding whether looser restrictions could begin as soon as 22nd May. The second phase could allow for more church gatherings and the limited opening of restaurants, barbershops and salons and neighborhood pools. Restaurants can currently offer drive-in food.
Many congregations have been holding online services, virtual Bible studies or unusual in-person options to comply with Cooper’s rules, and are willing to continue for longer. Others say it’s time to gather in person.
Based on Cooper’s latest order, Bailey’s Grove Baptist Church in Asheboro held an outdoor service last Sunday with members sitting in chairs adequately separated in the parking lot, said Rev Jon Shook, the pastor. Shook said churches can certainly meet sanitation standards of businesses that are open.
“If a 16-year-old gives out a hamburger at McDonald’s and is qualified to give me a Happy Meal, then a pastor can certainly have the wisdom and discretion to give out the Lord’s Supper in a safe manner,” Shook said. Very few people at Thursday’s rally wore face masks.
The lawsuit marks the latest dust-up among conservatives and Republican elected officials who are unhappy with the pace of Cooper’s reopening when compared to other Southeastern states. One of Cooper’s loudest critics is Lt Governor Dan Forest, who is challenging him in the fall election.
Senate leader Phil Berger asked Cooper this week to give county governments the power to let restaurants, hair salons and barbers reopen now. Other legislative Republicans have filed bills attempting to keep Cooper’s emergency powers in check.
