Pastor Kevin Wilson of Lighthouse Fellowship Church in Virginia received a criminal citation after holding a Palm Sunday service with 16 people in a sanctuary that can hold up to 293 congregants, potentially facing a year in jail and a fine of $2,500. On April 5, police entered the sanctuary and informed those gathered that, even with everyone amply spaced, they could not hold a service with 16 people. After the service Pastor Wilson was served a summons and informed that if he held services on Easter, everyone in attendance would face the same charges.
In response to this incident, Lighthouse Fellowship filed a lawsuit against Virginia Governor Ralph Northam, with the help of Liberty Counsel. The complaint points out that, while religious gatherings are not allowed to have more than 10 people, even if they are able to maintain social distancing, non-religious entities, such as retail stores, businesses, and law firms, are not subject to that same 10 person limit if social distancing guidelines are being followed. It goes on to note that Lighthouse Fellowship does not have the resources or equipment to offer internet-based services, and even if they did, many in their congregation have limited internet access and would not be able to utilize internet-based church services. Lighthouse Fellowship also requested a temporary restraining order to block enforcement of Northam’s orders, but was denied on Friday.
On Sunday things began looking up when the Department of Justice filed a Statement of Interest in support of Lighthouse Fellowship. The press release points out that,
Because the executive orders prohibit Lighthouse’s sixteen-person, socially distanced gathering in a 225-seat church but allow similar secular conduct, such as a gathering of 16 lawyers in a large law firm conference room, the governor’s executive orders may constitute a violation of the church’s constitutional rights to the free exercise of religion.
There is a difference between asking churches to comply with the same restrictions as everyone else and specifically disallowing religious gatherings when secular gatherings are allowed. While it is true that during a time of emergency restrictions may be put in place for the sake of public safety, restrictions that specifically prohibit religious gatherings without applying that same standard elsewhere are unacceptable. A pandemic does not give states the right to target churches, which is what Governor Northam’s orders do.
(Image: Flickr, Office of Public Affairs, CC BY 2.0)
