DOJ and Gov. Northam Face-Off Over Churches!
After nearly two months of churches' doors being closed to the public with online-only Sunday services, and increased calls to stop discriminating against them, today Governor Northam announced that churches may resume in-person services provided they do not exceed 50% occupancy (or every other pew) beginning May 15th. Today's announcement will give churches and families the ability to decide for themselves when it's the right time to start going back to church. This is a major step in the right direction that will allow churches to begin providing vital services to their congregation and surrounding communities.
The burgeoning annoyance with Governor Northam’s restrictions on churches’ ability to hold in-person Sunday services had reached a boiling point in Virginia, and even Attorney General William Barr is getting involved, who just last week announced his intentions to closely monitor the actions of state and local officials for any unconstitutional violations of basic fundamental rights.
The Department of Justice (DOJ) and Governor Northam are engaged in an epic face-off over the constitutionality of these stay-at-home orders and the 10-person limit which seem to be treating churches unfairly. (If Wal-Mart and Lowes can have hundreds of people at a time in close proximity, why not churches?)
On Sunday, lawyers for the DOJ filed a statement of interest in a Virginia case involving a pastor of a church who was issued a criminal citation for holding a Sunday morning church service with 16 people in attendance. In response to the citation, Lighthouse Fellowship Church located in Chincoteague, VA, filed a lawsuit challenging Governor Northam’s executive order and requested a temporary injunction and restraining order to pause enforcement of the Governor's policy. Unfortunately, their request was denied last week by District Judge Arenda Allen who said an exception for 10-person gatherings for some businesses "is essential to prevent joblessness."
The church and the DOJ have made the reasonable observation that “essential” businesses [which includes abortion centers] have been permitted to continue operations with no limit on the number of people present inside, provided they follow social distancing and enhanced sanitizing, while churches have been denied the same privileges, which infringes on the a church’s free excise of religion.
Churches have been very creative in how they carry out their ministries, from preaching on the rooftops of church buildings to driving around neighborhoods offering prayer to people and of course online video streaming, but there’s been a recent groundswell of support to free houses of worship from the 10 person gathering limit so they can reopen their doors. Here are a few examples:
Russel County Lawsuit - Larry Hughes challenged the Governor's Executive Order to allow Easter services by seeking an injunction using various broad provisions of the state Constitution, but that request was denied by a Virginia state court.
Delegate Dave LaRock Letter to the Governor – Dozens of pastors around Virginia signed on to a letter informing Governor Northam they would be holding in-person services, notwithstanding his Order. Several are planning to meet this coming Sunday, May 10th, and CBN is working on a story about the Governor’s restrictions on churches set to release on Sunday.
Virginia Pastors Urge Gov. Northam to Amend His Executive Orders – Over 170 Virginia pastors signed onto a 2-page letter to Governor Northam this week calling on him to amend his Executive Orders to allow at least one in-person service per week.
While state and local officials should be concerned with the health and safety of their citizens during this COVID-19 pandemic, we cannot dismiss “how profoundly America and the world depend upon the quiet work of ministries and congregations in times of crisis.” They are indeed essential to our society and the very fabric of our lives as they convey a message of hope during troubling times.
While we are thrilled that Governor Northam is permitting churches to at least reopen at half capacity, but there’s still a long way to go before we can say that churches are able to exercise their religion freely. Please continue to pray that Governor Northam and faith leaders are able to continue to find reasonable solutions that protects the public health while allowing churches provide their much needed services.
