With the arrival of Easter, it is important that people of faith consider carefully how they choose to mark the occasion and whether they will gather with others to worship and celebrate. They should be guided not only by the wisdom of religious leaders, but also by their personal beliefs and conscience about what is right and wrong. It is also important to consider the terms of state and local restrictions on gatherings, as the practical consequences of deciding to congregate for worship should not be ignored. People should determine what orders (if any) have been issued by their governors or local government leaders to determine what kinds of gatherings are allowed. In 12 states that have imposed restrictions, there are specific exemptions for places of worship or church-related gatherings. And even where religious gatherings are exempted, there may be certain protocols (such as maintaining social distancing or using hand sanitizers) that congregants should observe.
Where no religious exemption exists, people are placed in the dilemma of whether to engage in group worship or obey the state, a choice that religious figures have faced throughout history. If one chooses to be a part of or organize a religious gathering that violates an existing emergency order, it could lead to a misdemeanor charge or even an arrest. It should be understood that while the First Amendment does protect the rights of persons to exercise their religious beliefs, the government also has an interest when acting to preserve the public health. Legal precedent provides little guidance on whether, under the circumstances that now exist, one’s First Amendment rights would be a sufficient defense to a charge of violating a ban on gatherings.
There is much to consider when faced with the choice between following the law and following one’s religious beliefs. In making that choice, all the facts, including the personal and public health risks, should be considered. We encourage anyone considering whether to participate in congregate worship to understand what restraints on gathering apply and the possible consequences of exercising the right to gather in exercise of their religious beliefs.
“At a minimum, this is a time for heightened vigilance. Our Constitution erected a government of limited powers with the task of ensuring that our freedoms are protected against government abuse. While we may tolerate these restrictions on our liberties in the short term, we should never fail to be on guard lest these one-time constraints become a slippery slope to a total lockdown mindset,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “What we must guard against, more than ever before, is the tendency to become so accustomed to these lockdowns, authoritarian dictates, and police state tactics justified as necessary for national security that we allow the government to keep having its way in all things, without any civic resistance or objections being raised.”
Any individual or religious institution needing help in navigating this uncharted territory should contact The Rutherford Institute’s Legal Department at [email protected].
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated.
This press release is available at www.rutherford.org.
Source: https://bit.ly/3ebudHC
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