Gov. Northam: Order Doesn’t Target Churches
Virginia officials claim the temporary restriction on public gatherings is a “good-faith, evidence-based” measure during a health crisis. Solicitor General Toby Heytens says the governor realizes the lockdown has “been hard on all Virginians, including religious communities,” but that faith groups haven’t been “singled out for unfair treatment.”
A spokesperson for Virginia’s attorney general’s office, which is representing Northam in the federal case, says strict limits on gatherings have been working. “Donald Trump and Bill Barr should focus on saving lives and ramping up testing,” says Charlotte Gomer, “not teaming up with conservative activists to undermine effective public health measures that are slowing the spread of COVID-19 and saving lives in Virginia and around the country.”
Gov. Northam has said some restrictions will be lifted throughout the state by May 15. At a news conference this week, he said, “We will accommodate the need of churches and houses of worship to gather in person, but social distancing still matters, even at churches.”
Last Friday, U.S. District Judge Arenda Wright Allen denied Lighthouse’s request to have the governor’s orders blocked. The church’s complaint, she said, “inaccurately” claims that Northam is “targeting religion.” In her ruling, she said a wide range of facilities have been temporarily curtailed, including schools, restaurants, fitness centers, and hair salons. The order’s intent, Wright Allen added, is to slow the spread of the virus, save lives, and reduce the temptation to gather in large groups.
Although “practicing one’s religion and obtaining spiritual guidance are essential for some people,” the judge wrote, Lighthouse “has failed to demonstrate” that it can’t do so “through forms other than physical gathering.”
DOJ Has Been Policing State Restrictions
During the pandemic, high-profile battles have occurred between churches and government officials in several states. U.S. Attorney General William Barr defended a Mississippi church whose members faced $500 fines for attending drive-in services.
Barr has asked the DOJ to watch for instances of virus-related restrictions impeding civil liberties. An April 27 memo notes that the department is obligated to take action when state laws “cross the line” into “an overbearing infringement of constitutional and statutory protections.”
In a phone call with 500 faith leaders last month, Barr acknowledged the need for some “draconian measures” to ease the pandemic but said restrictions can’t “push rules on religious activity that you are not putting on other activity,” which “is at the heart of the First Amendment.”
President Trump is pushing to “liberate” states and reopen the economy, which has been hit hard by shutdowns. But health officials warn of future waves of the virus if restrictions are eased too quickly and safety measures aren’t followed. The Trump administration recently shelved a 17-page report from the CDC about guidelines for reopening the country, saying states must lead those efforts. According to one report, administration officials rejected the CDC report out of concern for protecting the economy and religious liberties.
In a Barna survey conducted this week, one-third (33 percent) of pastors say they hope to conduct in-person worship in May, and half (51 percent) think June is doable. Services are unlikely until July or August, say another 12 percent, and three percent are aiming for autumn.
