The COVID-19 “carte blanche”
A recent Supreme Court decision against a church has dashed hopes that judges will overrule coronavirus-related worship restrictions anytime soon.
A three-judge panel of the 7th U.S. Circuit Court of Appeals unanimously rejected a challenge to an Illinois ban on church gatherings of more than 10 persons. Though Gov. J.B. Pritzker has since withdrawn the restriction, the court agreed with Elim Romanian Pentecostal Church and Logos Baptist Ministries that the case was not moot because he could reimpose it.
But the court dismissed claims of religious discrimination, citing Supreme Court Chief Justice John Roberts’ May 29 opinion in South Bay United Pentecostal Church v. Newsom. Circuit Judge Frank Easterbrook found church gatherings differ from grocery shopping, warehouse operations, or even soup kitchens: “Feeding the body requires teams of people to work together in physical spaces, but churches can feed the spirit in other ways.”
A similar challenge to Oregon Gov. Kate Brown’s stay-at-home order suffered the same fate. Elkhorn Baptist Church focused its lawsuit on whether the governor had the authority to issue the executive order, but the Oregon Supreme Court’s unsigned opinion undercut any religious liberty claim, also citing the South Bay ruling.
The churches in both cases vowed to fight on. The Chicago congregation will ask the full panel of 7th Circuit judges to hear their cases. And Pacific Justice Institute attorney Ray Hacke, who represented Elkhorn Baptist, said he plans to file a separate lawsuit in federal court arguing Brown wrongly treated church gatherings differently than the George Floyd protests in Portland.
But Hacke said Roberts’ decision in South Bay presents a hurdle: “It’s all but given states carte blanche to infringe on constitutionally protected rights as long as it’s done in the name of public safety.” —S.W.
Comments
JerryM
Posted: Tue, 06/23/2020 07:54 pmI think "said that the Floyd’s death" should be "said that Floyd’s death"?
Cyborg3
Posted: Wed, 06/24/2020 01:48 amWe are seeing a cultural and political movement taking over our country and many conservatives and Christians are mindlessly going along with it. George Floyd was a useful prop to push the propaganda that America is a racist and intolerant nation and that the police are killers of blacks. America is evil viewed by these revolutionaries. They want to destroy our history and it is more evil than just this. The BLM leaders are now asking to destroy church stained glass windows with "white" Jesus's on them. In other words, the church is a target now where they view it is evil and racist just like our nation. Just like they target conservative professors, so they will go after any church that doesn't bow before them and give their money and allegiance.
These revolutionaries seek to remake America turning it into a Marxist utopia and the Democrats enable them by conceding to their demands such as eliminating the police, renaming streets, allowing autonomous zones, and allowing the rioters to destroy statues and landmarks. The revolutionaries are an arm of the Democrats where they will use them to win the election using Biden as a Trojan horse to elect a radical to be president. Make no mistake about it, the Democrats are subverting our political process using brute force violence. If we don't stand up now we will see our liberties ripped away and a hyper PC descend upon this nation where hate crime laws will see Christians losing their homes, jobs, churches and lives. If we don't kneel to their demands jail and prison will be the expected result. Here is Tucker Carlson examining this new movement:
https://video.foxnews.com/v/6166782250001#sp=show-clips
We need to pray for our nation seeking revival. We need to confess our sin and seek to better live out our faith. And as David stood up to Goliath, Esther stood up to Haman, or Samson fought the Philistines so we need to fight the political and cultural war by re-electing Trump. Certainly Trump isn't perfect but the opposite is certain death for our great nation.
Big Jim
Posted: Wed, 06/24/2020 02:48 amCyborg3, just want to let you know, in the middle of the night, I hear you.
jclark53
Posted: Wed, 06/24/2020 12:10 pmI'm not going along with in and neither are my friends but we have no say. Our government, local and state, is solidly liberal. Any conservative views are considered hate crime. The situation in this article could eaily have happened in my state many times over.
VICKIE L
Posted: Wed, 06/24/2020 12:37 pmOK - I need to weigh in on the debate about curtailing of rights to gather for worship.
Going to a worship service without appropriate physical distancing, mask-wearing, and sanitation procedures is participating in a potential COVID “super-spreader event”. I’m sorry, but it is true. In order for a worship service to be “safe” – or at least low risk – EVERYONE would have to be wearing masks - yes, even during the singing – in fact especially during singing! Appropriate distancing in a situation where a number of people are talking at the same time (“Can you say ‘amen!’”) or speaking responses together is not 6 feet. It is more like 8 – 10 feet. ANY indoor gathering of people close together that includes speaking, yelling, or singing together is risky business. Take that gathering outdoors with the same singing and speaking, and you still need masks and at least 6 feet of distance.
I am a committed Christian. I love attending worship. I especially love singing. I have not attended worship services since March 18. Actually, for a few weeks my church offered short, low-attendance, reservation-only, communion services without singing. I attended every one they offered. Since my state has (foolishly) opened up, they no longer do so. They are back to “normal”. I am a physician and am in contact with patients with vulnerabilities to COVID. I can’t, in good conscience, attend worship and then go to work. But, honestly, no matter who you are, it is likely that you potentially come into contact with friends and family members who have those same vulnerabilities.
I know that there have been unfortunate and wrong-headed limitations placed on some churches attempts to worship. For example, there is nothing risky about “drive-in worship”, with parishioners worshipping from their cars! Someone wasn’t thinking very hard when they tried to close that down! But we need to get past the habit of crying “foul” or “persecution” when common-sense limitations are placed. It’s time to stop talking about limiting church services and talk more appropriately about the need to limit gatherings with specific characteristics (see above). And if your church can, and will, work to genuinely mitigate risks, it might no longer fall into the risky category. Mine hasn’t chosen to do the right thing. I’m still watching the live stream, and will be for a very long time, I’m afraid.
Church should be life-giving – not potentially fatal. We can do that.
Narissara
Posted: Thu, 06/25/2020 12:34 pmCircuit Judge Easterbrook: "Feeding the body requires teams of people to work together in physical spaces, but churches can feed the spirit in other ways.”
This dovetails in perfectly with the view that everyone is free to worship any way they like as long as they keep their beliefs to themselves. Another reflection of a worldview rooted in materialistic naturalism in which everything is driven by whether or not it supports the economy (in other words, Marxism). In other words, religion is just another activity that enriches the lives of some people and makes them feel fulfilled, but one that can be dispensed with if needs must.
Obeying government's guidelines on COVID-19 is a good witness to the world, but doing so doesn't change the fact that the world just doesn't get it that we don't live to work, our purpose in life isn't to keep the economy moving, it's to bring glory to God.
RC
Posted: Thu, 06/25/2020 10:06 amThe title should have been, “Twilight for academic standards”.
This poor professor is the victim of a set up. If this student has not been able to study for this class due to “fear” they were infected by, then that has obviously effected all his or her other classes. Did those professors get a request to give this student a freeride? Then how did the person who took over Mr. Kline’s class handle this students request for a free ride? Any other students ask for and get a freeride, in any other class?
How is it, that as soon as Mr. Kline responded that he was not going to drop academic standards, he got nailed by “change.org”, immediately?
Why would the student ask for the grade to, “do no harm”, if the final test is the only thing that the grade is established upon? As the professor, I would have said, if I wave the final exam for everybody, and since there is nothing else to grade on, everybody gets treated equally, with a failing zero! The missing final exam did no harm, because everybody had a zero at that point anyway. Is this student so dimwitted that he or she did not realize there was nothing else to establish a grade on?
Since the administration has hammered the professor, and essentially backed this student, they have established a new standard which allows the elimination of any and all academic requirements because any student can now claim a “feeling” as an excuse for not studying and doing the work.