In March 2020, Delaware Gov. John Carney declared a state of emergency relating to the COVID-19 pandemic and soon after issued additional emergency orders limiting the size of gatherings within the state. By April 1, the Governor had ordered that no indoor gatherings of more than 10 persons could be held. The ban on gatherings was specifically applicable to churches and “strongly encouraged” houses of worship to transition to remote services by video or telephone. However, the ban on gatherings contained numerous exceptions, allowing big-box shopping stores, liquor stores, and guns shops to be open without having to abide by a 10-person restriction. Rev. Bullock, the pastor of Canaan Baptist Church, who has been holding on-line services for his 2500-member congregation, sought legal advice regarding what he saw as unequal and unfair treatment of churches under the Governor’s emergency restrictions, especially when compared to the less strident restrictions imposed on big-box shopping stores, liquor stores, and guns shops. Bullock noted that online worship services are a poor substitute for the fellowship, preaching, and power of the black church worship experience.
In a revised order issued on May 18, Gov. Carney somewhat relaxed restrictions on religious institutions, limiting the length of worship services to one hour, and limiting attendance at church services to 30% of normal capacity, and then only if persons attending wear masks and maintain “social distancing” separation of six feet. However, as the lawsuit points out, Gov. Carney’s orders do not go far enough in ensuring that churches are treated equally under the law and their First Amendment rights respected. Moreover, the state’s guidelines can be problematic for some churches: as Bullock points out, some African American preachers take an hour just to get started. The lawsuit is asking the court to allow churches to open up for worship by the Feast of Pentecost on May 31.
Attorneys Thomas S. Neuberger, Stephen J. Neuberger, Martin D. Haverly and Thomas Crumplar are working with The Rutherford Institute in defense of Rev. Bullock’s First Amendment rights.
The complaint in Bullock v. Carney is available at www.rutherford.org.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been violated and educates the public about threats to their freedoms.
Source: https://bit.ly/36dSJo1
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