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Federal authorities issued the statement in support of a Virginia church whose pastor was charged criminally with conducting a worship service attended by 16 people in a 225-seat sanctuary.
But its message extends well beyond the specific case, as federal authorities continue examining state and local emergency orders to see whether they'd stand up to a constitutional challenge.
The Lighthouse Fellowship Church on Chincoteague Island serves among others, recovering drug addicts and former prostitutes, the DOJ statement noted.
Even though the church maintained "rigorous social-distancing and personal-hygiene protocols" during an April 5 service, local police charged the pastor with violating executive orders issued by Virginia Gov. Ralph Northam, the Justice Department said Sunday.
Violations of the orders allow for criminal charges and carry penalties of up to one year in a jail and a $2,500 fine.
Natham's executive orders ban in-person religious services of more than 10 people while permitting such gatherings of workers in any non-retail business and an array of retail businesses, including liquor stores, dry cleaners and department stores, the department's statement said.
Because the governor's orders at the same time 16 attorneys to gather in a large law firm conference room while prohibiting similar gatherings for religious purposes, they may "constitute a violation of the church’s constitutional First Amendment rights to the free exercise of religion," the DOJ statement said.
U.S. Attorney General William P. Barr's last week directed Assistant Attorney General for Civil Rights, Eric Dreiband and U.S. Attorney for the Eastern District of Michigan Matthew Schneider, to review state and local policies to ensure that civil liberties are protected during the COVID-19 pandemic.
“For many people of faith, exercising religion is essential, especially during a crisis,” Dreiband noted. "The Commonwealth of Virginia has offered no good reason for refusing to trust congregants who promise to use care in worship in the same way it trusts accountants, lawyers, and other workers to do the same."
“As important as it is that we stay safe during these challenging times," Schneider added, "it is also important for states to remember that we do not abandon all of our freedoms in times of emergency.
“Unlawful discrimination against people who exercise their right to religion violates the First Amendment, whether we are in a pandemic or not,” he said.
“The Commonwealth cannot treat religious gatherings less favorably than other similar, secular gatherings,” G. Zachary Terwilliger, the U.S. Attorney for the Eastern District of Virginia, noted.
“As we stated in our filing, we do not take a position in this statement on the advisability of in-person gatherings," he added. "Indeed, the proper response to the COVID-19 pandemic will vary over time, and will depend on facts on the ground.”
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