Churches challenging stay-at-home orders in court

A lawsuit filed by a group of churches in Oregon briefly led to an eight-hour lifting of the governor’s stay-at-home order, before the Oregon Supreme Court overturned the lower court ruling and restored the order this week.

But churches in Oregon and across the nation are gaining steam in petitioning for preliminary injunctions to reopen amid coronavirus shutdown orders.

Over the weekend, a federal judge in Illinois requested expedited briefs in a lawsuit filed by two churches against Gov. J.B. Pritzker’s stay-at-home orders, which do not allow for religious assembly of more than 50 people until a vaccine is developed.

In North Carolina, U.S. District Judge James C. Denver III issued a restraining order against Gov. Roy Cooper’s restrictions on religious gatherings, allowing for indoor services over the next 14 days.

On Monday, two churches in Minnesota also asked a federal judge to strike down Gov. Tim Walz’s restriction of religious assembly, saying churches are being singled out.

“It is easy to go to Target and the neighboring liquor store on a Sunday, but one cannot attend church, temple, or mosque,” the Northland Baptist Church and Living Word Christian Center said in a request for preliminary injunction.

The win for religious liberty advocates in Oregon was short-lived after state Supreme Court Justice Thomas A. Balmer issued a three-paragraph ruling late Monday upholding Gov. Kate Brown’s “Stay Home Save Lives” coronavirus emergency orders.

“Following swift action by the Oregon Supreme Court, my emergency orders to protect the health and safety of Oregonians will remain in effect statewide while the court hears arguments in this lawsuit,” Ms. Brown said in a written statement.

The decision came after a whirlwind day, as hours earlier an Oregon county court had struck down the stay-at-home orders.

Baker County Judge Matthew B. Shirtcliff ruled in favor of 10 Oregon churches that objected to the orders as violations of religious freedom. He said “the governor’s orders are not required for public safety when plaintiffs can continue to utilize social distancing and safety protocols at larger gatherings involving spiritual worship.”

The framing of restrictions as singling out religion for special burdens has been a rallying point for many plaintiffs across the nation.

“There are no cases challenging the epidemiology,” Hiram Sasser, executive general counsel with First Liberty Institute, said in a phone call open to the press earlier this month. “There are identifiable secular exceptions, and yet the religious activity is being prohibited.”

Some cases may soon reach the Supreme Court.

Earlier this month, the U.S. Court of Appeals for the 6th Circuit in Cincinnati ruled in favor of a Baptist church remaining open while its litigation against Kentucky Gov. Andy Beshear’s stay-at-home orders continues.

But on Monday, the U.S. Court of Appeals for the 9th Circuit denied an emergency request for appeal from a Pentecostal church in Southern California, after a federal judge rejected a preliminary injunction against Gov. Gavin Newsom’s restrictions on religious assembly during the COVID-19 pandemic.

“The Supreme Court doesn’t get involved that often,” attorney Paul Jonna told KUSI News in San Diego. “But when there’s a circuit split, they don’t want different circuit courts ruling differently.”

By the time cases reach higher courts, however, many states already may have allowed religious assembly to resume.

Beginning Friday, Virginia Gov. Ralph Northam will allow houses of worship in southern and western regions of the state to resume indoor services for groups larger than 10.

On Monday, Delaware Gov. John Carney issued new guidance allowing religious assemblies in buildings so long as attendance remains at or under 30% of fire safety capacity.