Ten churches in Oregon on Thursday sued Gov. Kate Brown, demanding that she lift an order limiting gatherings to 25 people.
Ray Hacke, the attorney who filed the case on behalf of the churches, said that the church members are prepared to take the risks that come with resuming services, according to the Oregonian.
“If we’re risking our lives to go to church, if we survive, great,” he said. “If we die, then we’re going to heaven. If we want to take that risk, then it’s on us.”
Hacke said he filed the complaint in Baker County, which confirmed its first case of the coronavirus on Wednesday, as an act of “symbolism.”
In the filing, the churches alleged that they can no longer abide by Brown’s shutdown order, which was put in place to slow the spread of the disease. Keeping such an order in place, the churches said, isn’t necessary anymore, as many states are beginning the process of reopening.
“If a congregation has 250 members, what are they going to do? Hold 10 services? That’s just not realistic,” Hacke said. “It’s an infringement on religious liberty.”
Hacke added that churches will no longer tolerate “having their rights trampled on with no end in sight.”
Hacke’s lawsuit is part of a growing trend of churches suing governors as shutdowns extend into May and beyond. Jeremy Dys, an attorney at the First Liberty Institute, a legal nonprofit organization representing several churches in these lawsuits, told the Washington Examiner that the increase is the result of a fear that governments do not take the needs of church communities seriously.
“What was once a temporary arrangement is becoming indefinite,” he said. “And that’s unacceptable. For all of these governors to keep extending their orders with no end in sight that, to most people, no longer feels temporary but permanent.”
The Justice Department on Sunday signaled support for in-person services, filing a statement of interest favoring a church in Virginia that had sued Gov. Ralph Northam for limiting religious gatherings to 10 people or fewer.
