Federal judge blocks NC governor’s restrictions on religious services
A federal judge’s order Saturday allows North Carolina religious leaders to open their doors to their congregations, in spite of the governor’s warning that they risk spreading coronavirus.
Gov. Roy Cooper said he wouldn’t appeal the ruling blocking his restrictions on indoor religious services.
Saturday’s order pointed out that while only up to 10 people are allowed inside for religious services under Cooper’s stay-at-home order, that same standard doesn’t apply to other entities, such as businesses that are limited to 50% capacity, and funeral services, which allow up to 50 people.
“The record, at this admittedly early stage of the case, reveals that the Governor appears to trust citizens to perform non-religious activities indoors (such as shopping or working or selling merchandise) but does not trust them to do the same when they worship together indoors,” states Judge James C. Dever III’s ruling in the U.S. District Court for the Eastern District of North Carolina Eastern Division.
The temporary order comes after two Baptist churches, a minister and a Christian revival group filing a lawsuit against the Democratic governor Thursday, saying his executive order violates their First Amendment freedom of religion and other constitutional rights, The News & Observer reported.
A hearing is scheduled May 29 on whether the order will become permanent.
Until that time, the judge’s order prevents Cooper from taking enforcement actions against religious worshipers, but also states they should observe recommendations for social distancing and reduce transmission of the virus when possible.
“The court trusts worshipers and their leaders to look after one another and society while exercising their free exercise rights just as they and their fellow citizens (whether religious or not) do when engaged in non-religious activities,” Dever’s order states.
The restrictions
Cooper’s spokesperson, Ford Porter, said in a statement that the governor’s office disagrees with the order but will not appeal. Porter urged houses of worship and their leaders to voluntarily follow public health guidance.
“We don’t want indoor meetings to become hotspots for the virus, and our health experts continue to warn that large groups sitting together inside for long periods of time are much more likely to cause the spread of COVID-19,” the statement said.
Cooper has issued a series of statewide stay-at-home orders. His most recent order, in what he calls Phase One of easing restrictions, had required religious services with social distancing to be held “outdoors unless impossible.”
Indoor services were limited to 10 people, at least 6 feet apart.
However, as the court order points out, there were different standards for businesses, mass transit, factories and other indoor activities.
Dever also pointed out that the governor’s counsel indicated that a sheriff and a law enforcement officer decide whether a religious organization had correctly decided whether it was not possible to worship outside.
“That’s a remarkable answer in light of the Free Exercise Clause,” the judge wrote.
Ronnie Baity is founder and pastor of Berean Baptist Church in Winston-Salem, and president of nonprofit organization Return America.
Baity, Berean, Return America and People’s Baptist Church in Greenville were plaintiffs in the suit.
In an interview Saturday afternoon, Baity said he doesn’t plan to bring services inside Sunday because they already have planned for an outside service, but they will be moved inside next week.
“We are very thankful and we are elated that our First Amendment rights would be re-established,” he said.
State Sen. Warren Daniel, a Burke County Republican and co-chairman of the Senate Judiciary Committee, said in a statement Saturday that the court order is a victory for the constitutional right to worship freely.
“Gov. Cooper cannot treat retailers and ABC stores one way and houses of worship another,” he wrote. “Nor can he allow one type of worship service to proceed while prohibiting another. Hopefully, this decision will put some guardrails on what has been unchecked executive power.”
This story was originally published May 16, 2020 at 3:22 PM with the headline "Federal judge blocks NC governor’s restrictions on religious services."
