Michigan Gov. Gretchen Whitmer’s response to the coronavirus is better known for its faults than its virtues — as I wrote, she made the devastating mistake of sending COVID-19 directly into Michigan’s nursing homes. But one policy that deserves more praise is Whitmer’s decision to exempt churches and other religious organizations from state-enforced penalties assigned to those who violate the shutdown.
Whitmer decided to implement this exemption almost immediately after mandating a statewide shelter-in-place order, and she is one of the only governors to have done so.
Politically, this was a smart move. State governments across the country are facing lawsuits from religious organizations who have alleged that mandatory shutdowns were an infringement on citizens’ rights to worship freely. The courts’ decisions have varied. In Kansas, the churches prevailed. In Illinois, they lost.
What seems to have been a driving factor in these court cases is whether the state took retributive action against a church. In Virginia, for example, police officers slapped a pastor with a $2,500 fine and threatened him with a one-year prison sentence for holding a church service, despite the fact that only 16 congregants were in attendance and social distancing measures were being followed. The pastor sued, and the U.S. Justice Department sided with the pastor, urging the court to consider striking down Virginia’s excessive restrictions.
Whitmer has managed to avoid this. Her measures are still facing lawsuits, including one from the state legislature, but few have come from her state’s churches. Indeed, Whitmer was able to make peace with a group of churches that had filed a complaint against her by extending her earlier exemption. Now, individuals who leave their homes and attend church services are safe from the penalties attached to violations of her restrictions.
“Consistent with prior guidance, neither a place of religious worship nor its owner is subject to penalty under section 20 of this order for allowing religious worship at such place,” states Whitmer’s latest executive order, which extended the state’s shelter-in-place order through May 28. “No individual is subject to penalty under section 20 of this order for engaging in or traveling to engage in religious worship at a place of religious worship, or for violating section 15(a) of this order.”
Churches are still expected to adhere to Whitmer’s shelter-in-place order, or, at the very least, follow health officials’ reopening guidelines and protocols. But they will not be punished for choosing to reopen against Whitmer’s wishes.
Socially, this was the right move, too. Churches are vital to the public’s wellbeing. They provide community and hope, both of which are more important than ever given the COVID-19 crisis and the toll it has taken on society. By allowing churches to re-commune without fear of punishment, Whitmer is giving churches the chance to better serve their communities, which will, in turn, help the state recover.
Much can and should be said about Whitmer’s coronavirus response. But we should also be willing to give credit where it’s due. Whitmer’s religious exemption was politically necessary, but more importantly, it was the right thing to do. My guess is that there are several other governors who wish they had done the same.
