By Renee Carlson, General Counsel, True North Legal
In the most recent Executive Order 20-56 addressing Minnesota’s COVID-19 rules, Governor Walz made significant changes for some and not others. The basis for these orders continues to be "predictability." Ironically, the governor is still prohibiting some of the most predictable and controlled events and gatherings - the order expressly prohibits “gatherings of 10 or more” including “faith-based gatherings.” But other industries, businesses, and big box stores are reopening pursuant to suggested state and federal guidelines. Even the Mall of America is predicted to reopen in some capacity on June 1st, along with some bars and restaurants.
In his announcement Wednesday evening, Governor Walz commented that it is easier to predict interaction in the aisles of a store than it is to predict or control interactions in other settings, including “faith-based gatherings”. For a moment I thought I misheard him, which was not the case. Two emotions were most prevalent following this statement and throughout the rest of the announcement. First, I’ll admit, I was quite baffled. Ask any Pastor, even under these fluid circumstances, and he or she can tell you their exact location at any given moment throughout a worship service. The location and interactions of most any church staffer and member of the congregation is equally predictable. Even more, any church pastor, staffer or congregant can also tell you a number of other specifics that no retail or business can "predict", including but not limited to: 1) a specific time in which the service commences and concludes; 2) traffic flow of persons entering and exiting the building; 3) the exact number of people allowed to enter and exit the building, while also closing and limiting capacity; 4) deliberate space and cessation of movement between individuals; and 5) specific hygiene and sanitary regimens before, during and after each service. If any predictable ordered gathering exists it is worship services. Arguably, this applies to all types of worship services - Mosques, Synagogues, and all Catholic and Protestant denominations.
Even more disappointing, many churches participated in conversations with the governor and his staff over the past two weeks, offering guidance and even draft proposals and extensive cooperation with the administration, for safely reopening houses of worship. Up to the announcement this Wednesday, a full spectrum of faith communities were hopeful - the time had finally come. Even if it was not immediate, based on other types of business openings, it was reasonable to expect a date in which to begin to put processes in motion, and contemplate a return to one of the most fundamental parts of worship – the community of believers. However, not only did the Executive Order expressly preclude "faith-based" gatherings, whereas previous Executive Orders recognized faith workers as part of the “critical work sector”, the order is silent with respect to opening houses of worship - there was not a hint of clarity or encouragement that under the governor’s interpretation of his authority, houses of worship would be able to resume even some form of limited public worship gatherings – aside from groups under ten.
Houses of worship in Minnesota are now left in the abyss of uncertainty, while the world around seems to be reopening. Certainly, the economy is an understandable priority, and steps taken by the administration to safely and respectfully reopen businesses, with the utmost caution, are encouraging and significantly important. But, for those churches that have willingly chosen to honor authority and love their neighbors, who also offer equally critical services for people on all levels – physically, spiritually and mentally – the response was an Executive Order and announcement lacking any clear guidance to churches except severe fines, penalties and jail time for violation of the order.
Houses of worship serve and care for the most vulnerable, not just through goods and services, but holistically, feeding the hearts, souls and minds of others with the love of Christ in most tangible ways. The churches across the state of Minnesota have contributed to a tremendous public witness throughout this health crisis, and I have no doubt they will continue to do so as churches anxiously anticipate reopening. Many churches have already developed comprehensive plans, going above and beyond those guidelines for businesses. As we anticipate additional meetings and guidance from the governor’s office, and an update on May 20th – pursuant to the Executive Order 20-56, it is quite clear that churches can be trusted just as much as bars and restaurants, with the delicate balance of health, safety and welfare of their members and local communities, amidst these uncertain times. The question is, can churches still trust the governor in balancing the most fundamental freedoms that cannot remain absent from public life forever.
