Dear Friend,
I hope you and your families are staying safe and healthy during
the COVID-19 pandemic. And, like me, I'm sure you miss worshiping with
your family of faith in church. While churches have found innovative
ways to worship "virtually", it's just not the same as worshipping in
person together. Up to this point, it has been clear that
safe-guarding the public health required us to not meet together for
church services. But, now that North Carolina is beginning a tepid
reopening, it appears that churches are left outside
(literally). That's
why I wanted to let you know about Governor Cooper's latest Executive
Order, beginning Phase 1 of the reopening of North Carolina, and how
it applies to churches.Under the order,
which goes into effect Friday at 5:00 pm, almost all
retail businesses are allowed to reopen using specified social
distancing and health measures up to 50% of their capacity for
customers under the fire code. Churches, however, must continue to be
shut down. Here's what the order says that
affects churches:
- Under Subsection 6(A) of the order, "mass gatherings" of
more than 10 people in one place at the same time are
forbidden.
- However, "mass gatherings" do not include gatherings "for
worship."
- But in Subsection 6(C), "any gatherings of more than ten (
10) people that are allowed under Subsection 6(A) shall take place
outdoors unless impossible."
Very sneaky! During his press conference about the order,
Governor Cooper interpreted this vague language to mean that churches
can only meet for worship if it is done
outdoors.
That brings me to what is wrong with
Governor Cooper's order. The U.S. Supreme Court has ruled that only
if the governmental interest is "compelling" and if no alternative
forms of regulation would serve that interest is the government
allowed to burden (regulate) religious exercise. While the State most
certainly has a compelling interest in stopping the spread of
COVID-19, and none of us wants to play down the health risks at stake
here, there are alternative forms of regulation that would serve the
State's interest—the social distancing and health precautions imposed
on businesses. The problem with Governor Cooper's order is that it
singles out churches for different treatment. When businesses are
permitted to open their doors to 50% of their customers because they
can be trusted to implement social distancing and health precautions,
why can't churches do the same?
Pastors are left
wondering whether Governor Cooper's new order, which explicitly states
that "mass gatherings" (which are prohibited) do not include
gatherings for worship, really means what it says. They are also left
wondering why meeting indoors is prohibited, while businesses are
allowed to sell their products indoors. Finally, they are left
wondering if the order allows them to meet indoors when meeting
outdoors is “impossible” and who determines what “impossible” means.
You see, the language of the order does not match the Governor's
interpretation of it, and it is vague and
unenforceable.
Please be advised that this email
in no way constitutes legal advice. However, I wanted to inform you
about the inconsistency of the Governor's actions in closing down
churches, while opening up retail businesses. It is religious
discrimination, plain and simple.
Thank you for exercising good judgment in how your actions
affect others. Loving our neighbor should cause us all to be cautious
and to seek not to expose other people to sickness. But, it shouldn't
take civil disobedience to help our Governor to see that his executive
order constitutes religious discrimination. If businesses can open in
a limited way exercising special health precautions, churches should
be allowed to do the same.
Sincerely,
Tami Fitzgerald NC Values Coalition
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