The Justice Department on Tuesday warned California Gov. Gavin Newsom in a letter that his order banning church services puts an “unfair burden” on religious institutions.
The letter, sent by the department’s Civil Rights Division, expressed concerns that Newsom’s still undetermined opening date for churches amounted to “unequal treatment of faith communities,” and urged that the governor bump up houses of worship from phase two to phase three of his five-stage opening plan. California is currently in phase two.
“Simply put, there is no pandemic exception to the U.S. Constitution and its Bill of Rights,” wrote Eric Dreiband, the lead attorney in a team assembled by Attorney General William Barr to examine religious liberty disputes amid state shutdown orders.
Dreiband noted that it appeared unfair that churches should have to close when other “essential” businesses were allowed to remain open.
“This facially discriminates against religious exercise,” he said. “California has not shown why interactions in offices and studios of the entertainment industry, and in-person operations to facilitate nonessential ecommerce, are included on the list as being allowed with social distancing where telework is not practical, while gatherings with social distancing for purposes of religious worship are forbidden, regardless of whether remote worship is practical or not.”
This is the third time the Justice Department has intervened in a religious liberty standoff during the pandemic. In the first instance, Barr filed a statement of interest in the case of a Mississippi church defying a local order that banned drive-in services. In the second, Justice Department officials threw their support against a Virginia church when it sued Gov. Ralph Northam for the right to hold in-person services.
A growing number of California churches have opposed Newsom’s order, especially as it remains unclear when they will be allowed to open. And although several churches have sued the state, judges have consistently upheld his orders, declaring them constitutional. A movement of churches, arguing that Newsom has “overstepped” his authority, have vowed to reopen on May 31, no matter what the governor says.
The push to reopen is being led by evangelical congregations, many of whom have been the plaintiffs in lawsuits against Newsom. Large denominations, such as the Catholic Church and the Episcopalian Church, have said that they are complying with Newsom’s orders.
Newsom said during a Monday press conference that churches will likely be allowed to ease back into in-person services, provided he sees a negative turn in infection rates and hospitalizations.
“I want to just express my deep admiration to the faith community and the need and desire to know when their congregants can once again start coming back to the pews, coming back together,” he said.
