Trump’s White House has a history of dissolving the separation of church and state. Especially now.
While some worshipers have turned to stay-at-home services, others have fought for the right to congregate. And the D.O.J. said it’s okay.
On April 7, the city of Greenville, Mississippi, preemptively banned drive-in church services. The next day, they began to administer $500 fines on anyone in violation of this declaration.
It wasn’t long before two lawsuits were filed against the city for impinging on religious freedoms; this, coupled with reports on constrictions for worshipers wishing to celebrate Easter across the nation, spurred intervention from the U.S. Department of Justice.
Churches had been holding in-person services despite stay-at-home advisories
Concern over gatherings on Easter were raised after churches around the country continued holding services, breaking from social distancing advisements. The Life Tabernacle Church in Baton Rouge, Louisiana, held a service on March 23 with over 1,800 worshipers. Pastor Tony Spell of the Louisiana church was issued misdemeanor summonses by the Baton Rouge police for violating C.D.C. recommendations.
A church in Sacramento County, California, was linked to the spread of 70 new cases. In its archives, the church was aware on March 29 of three cases within the church.
Pastor Rodney Howard-Browne of The River at Tampa Bay Church was arrested for holding services in violation of Hillsborough County’s distancing restrictions on March 29.
And in Burke County, Georgia, a pastor passed away due to COVID-19 on April 18. His family claimed he hadn’t been at a service since March 11, but parishioners who had been at church since April 8 were advised to self-quarantine.
These headlines have led to severe legal intervention across the country regarding religious gatherings. A Kansas Supreme Court decision upheld an executive order on April 11 by the Democratic governor, Laura Kelly, which limited religious gatherings to 10 people. At that point, Kansas had estimated 12 clusters of COVID-19 outbreaks, three of which had been spread through church gatherings. And a federal judge placed a restraining order on a potential Easter Sunday drive-in service in Louisville, Kentucky.
So with all of these predecessors, what would the D.O.J. recommend in Mississippi?
Mississippi declared mass gathering restrictions and initial business closures on March 24; it closed nonessential services and issued stay-at-home orders on April 3. But the state had declared religious services essential, so long as they complied with social distancing standards established by the C.D.C. and the state’s Department of Health.
The grievance picked up by the D.O.J. was filed on the grounds that drive-in services for other non-religious essential businesses are not policed as harshly. Ryan Tucker, an attorney for the Alliance Defending Freedom organization, represented the Temple Baptist Church and its pastor who sued the city. Tucker cited a Sonic restaurant, visible from the church parking lot, with a free-flowing clientele.
Evidence reviewed, the Justice Department offered a recommendation against the city’s crackdown on religious services. And this decision to side on behalf of the church is in line with what the D.O.J. has advocated for under the Trump administration.
Trump has emphasized religious freedom — for Christianity
The Trump Justice Department filed more statements of interest in religious freedom cases in its first two years than the Obama and Bush administrations’ first two years combined, an NBC News and Columbia Journalism Investigations review found.
Jeff Sessions, the attorney general from 2017 to 2018, spoke at the Religious Liberty Summit in July of 2018, claiming that he and the administration felt that religious liberty is being challenged, adding, “This president and this Department of Justice are determined to protect and even advance this magnificent heritage,” in reference to protecting religious liberty.
Attorney General William Barr has continued this commitment.
So as Greenville announced that the tickets wouldn’t have to be paid — but still recommends worshipers practice from home — the Justice Department maintained concern with infringing upon the broader notion of civil liberties during the pandemic. Though he credited stay-at-home orders’ justification, Barr compared them to being “dangerously close to house arrest,” ultimately calling them “very, very burdensome impingements on liberty.”
“The United States Department of Justice will continue to ensure that religious freedom remains protected if any state or local government, in their response to COVID-19, singles out, targets or discriminates against any house of worship for special restrictions,” Barr said in his official statement.
Read the full statement from the attorney general on practicing religion while social distancing here.
Read the attorney general’s full statement of support for the Temple Baptist Church and its pastor against the city of Greenville here.
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