Virginia argues against large gatherings in church lawsuit
An attempt by a Virginia church to prevent the state from barring gatherings of more than 10 people "would seriously undermine" the state's efforts to deter the spread of the coronavirus, attorneys for Governor Ralph Northam argued Thursday in a legal filing.
Virginia Attorney General Mark Herring's office made the state's arguments in a memo responding to a federal lawsuit brought by the Lighthouse Fellowship Church of Chincoteague.
The church sued after the state criminally cited its pastor for having 16 people at a Palm Sunday service, in violation of Northam's order limiting gatherings to no more than 10.
The U.S. Department of Justice has sided with the church. In a court filing, the department argued that Virginia "cannot treat religious gatherings less favorably than other similar, secular gatherings."
The Justice Department's statement of support came after Attorney General William Barr issued a memo to federal prosecutors to keep watch for state and local directives that could infringe upon constitutional rights and civil liberties, including measures that may discriminate against religious institutions.
"If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional statutory protections, the Department of Justice may have an obligation to address that overreach in federal court," Barr wrote.
The Justice Department also last month filed a statement of interest in support of a Greenville, Mississippi, church that sued the town over its stay-at-home order.
Lawyers for the Virginia church have said that during the service, there was extensive sanitizing of common surfaces and those who attended maintained social distancing. The church said attendees had to stay 6 feet apart and use hand sanitizer before entering the building.
In arguing against the injunction sought by the church, Virginia Solicitor General Toby Heytens wrote that the temporary restriction on in-person gatherings is a "good-faith, evidence-based" emergency measure.
"Such a ruling would seriously undermine Virginia's efforts to resist a once-in-a-century pandemic and threaten irreparable harm to an unknown (and unknowable) number of people," he wrote.
Heytens said Northam recognizes that the restrictions he's imposed — including closing schools and nonessential businesses and issuing a stay-at-home order — "have been hard on all Virginians, including religious communities."
"But Virginia's restrictions do not operate in the way plaintiff and the Federal Government claim, nor has religion been singled out for unfair treatment," Heytens wrote. He said Northam issued guidance designed to help religious leaders "find creative solutions," including holding in-person worship services of 10 people or fewer, holding online services or hosting a service of any size, as long as participants stay in their cars and observe social distancing.
The church and pastor Kevin Wilson say that Northam violated their religious freedom.
In its statement of interest, the Justice Department said the church has presented a strong case that the governor's order on gatherings "impermissibly interfered with the church's free exercise of religion."
Last week, Northam announced a multiphase plan to begin to ease restrictions. In the first phase, which Northam has said could begin as early as May 15, some businesses required to close may be permitted to open with social distancing measures put in place, and the temporary gatherings restriction may be modified for churches.
Vice President Mike Pence, who heads the White House Coronavirus Task Force, weighed in on the dispute Wednesday, saying he agrees with the church and the Justice Department.
Speaking on "The Brian Kilmeade Show″ on Fox News Radio, Pence said "even in the midst of a national emergency, every American enjoys our cherished liberties, including the freedom of religion."
"The very idea that the Commonwealth of Virginia would sanction a church for having 16 people come to a Palm Sunday service, when I think the church actually seats about 250, was just beyond the pale, and I'm truly grateful for Attorney General William Barr standing by religious liberty," Pence said.
As of Thursday, there are over 21,000 confirmed coronavirus cases in Virginia, and there have been nearly 800 deaths.
