Churches challenge COVID-19 orders to limit crowds – By Pamela Manson (UPI) / Nov 12 2020
Nov. 11 (UPI) — As the COVID-19 pandemic surges again in the United States, churches are fighting state and local orders that cap attendance at services at lower numbers than allowed at nonreligious places and events, such as stores and protests.
Governors and other officials who issue the orders say the restrictions are necessary to minimize the spread of coronavirus. But religious institutions across the United States have filed numerous court challenges since the spring arguing that the different capacity limits and social distancing requirements for them are unconstitutional.
U.S. Rep. Kevin Hern, R-Okla., has introduced a bill that would prohibit state and local governments from setting lower caps in the case of people who are exercising a First Amendment right. The Equal Opportunity First Amendment Act — which would apply to orders issued during a national or state emergency — also would allow those who allege they were harmed by unequal enforcement of a public gathering rule to sue in federal court.
“In many instances, Americans are confused and horrified as their local government allows large gatherings of people exercising their First Amendment right to protest but bans church services,” Hern said in a news release. “In many communities, businesses and shopping malls are open but houses of worship still have a 10-person limit. These inconsistent ordinances are disproportionately harming communities of faith. If the First Amendment protects protesters, it protects worshipers, as well.”
