Democrat governors get sued to allow worship this Sunday

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Churches in several states are challenging restrictions on gathering ordered by Democratic governors in response to the novel coronavirus pandemic, claiming the measures burden the fundamental right to free exercise of religion.

Two churches in Southern Oregon are challenging Democratic Gov. Kate Brown's executive order limiting the size of in-person religious gatherings to 25 people.

The churches, Edgewater Christian Fellowship in Josephine County and the Roseburg Church of God of Prophecy in Douglas County, said the governor’s executive order, which they call the "Religious Assembly Ban," is "irrational and unconstitutional."

Also in Oregon, a separate lawsuit from a group of churches and Eastern Oregon officials is before the state's Supreme Court.

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In California, a lawsuit by the South Bay United Pentecostal Church against Democratic Gov. Gavin Newsom is being appealed to the U.S. Supreme Court after the 9th Circuit Court of Appeals also ruled against the church Friday.

Meawhile, the state has moved to a phase allowing churches to reopen with restrictions. Churches can allow only enough congregants to equal 25% of their building's capacity or 100 people, whichever is fewer.

Pastor Jim Franklin of Fresno's Cornerstone Church said Wednesday he planned to defy the new guidelines when church doors open Sunday.

The pastor said his church intends to practice social distancing, provide face masks and discourage older people at risk to the coronavirus from attending in person.

In Nevada, Calvary Chapel Dayton Valley plans to resume services in celebration of Pentecost this Sunday despite the governor's ban on large gatherings.

In Colorado, a church in Ault filed a lawsuit Monday against Gov. Jared Polis and the state health department’s director for allegedly violating First and Fourteenth Amendment rights.

The church is opposing orders that threatened fines and jail time for large gatherings, which the church argues are a vital aspect of its sincerely held religious beliefs.

In Illinois on Wednesday, two Romanian churches filed an emergency injunction pending appeal to the U.S. Supreme Court.

Liberty Counsel, representing Elim Romanian Pentecostal Church and Logos Baptist Ministries, said the emergency request was a response to a Chicago Department of Public Health letter sent to the churches last Saturday threatening closure.

Commissioner Allison Arwady, who declared the churches a "public nuisance" for holding services with more than 10 people, wrote: "I am authorized to seek to enjoin such nuisance or to cause the same to be summarily abated in such manner as I may direct."

'Pharaoh doesn’t get to dictate to God’s people'

A church in Mississippi burned to the ground after it filed a lawsuit against the city of Holly Springs alleging police officers distrupted their Easter service.

The suspected arson fire is believed to have been started by retaliators opposed to the lawsuit. Marshall County Sheriff's Office investigators found graffiti in the church parking lot that read: "Bet you stay home now you hypokrites."

"There’s nothing left. It's gone. No roof and very few walls," pastor Waldrop told reporters. "We've kind of racked our brains and we have no idea. No enemies that we know of. We don't even know anyone that we would think would be capable of doing something like this."

In Baltimore, pastor Stacey Shiflett tore up a cease and desist order during a special church service one week ago.

"So I'm tearing up this cease and desist order right here, and I’m telling you right now, we’re gonna do it God's way," he told his Calvary Baptist Church congregation.

The pastor compared local and state bureaucrats to the Egyptian pharoah who oppressed the Israelites in the book of Exodus.

"Newsflash, Pharaoh doesn’t get to dictate to God's people how they worship their God," he said. "God’s the one that defines the parameters. God’s the one that communicates His will and His plan for His church, not Egypt. And I’m telling you right now, with this cease and desist letter in my hand, the Bible says to the New Testament Church not forsaking the assembling of yourselves together as the manner of some he is. But so much the more as you see the day approaching. And the closer we get to Jesus coming back, the more church we ought to be having, not less church. Now that’s God’s parameters."

He said the live streaming of services that thousands of churches nationwide have turned to in the past two months are no replacement for gathering in person.

"Sitting in the basement and watching a baseball game video is not the same thing as going to a baseball game," Shiflett said. "And sitting at the house and watching a prerecorded or a recorded service on your device is not the same thing as assembling in the house of God."

He said it's "obvious that some of the people that are making these rules don't go to church."

'Crises do not suspend the Constitution'

The lawsuit by Southern Oregon churches notes the congregations have not met in person for two months.

Edgewater Christian Fellowship and the Roseburg Church of God of Prophecy said the governor's order limiting gatherings to 25 would require them to have dozens of services to accommodate the size of their congregations.

And they argue some members of their congregation can't attend online services.

The Bible, they point out, requires Christians to gather in-person to pray together and celebrate their faith.

Drive-in services and online services, the complaint says, "do not fully meet the Bible's requirement."

"Crises do not suspend the Constitution and there is no legitimate, much less compelling, justification for banning church services of twenty-six or more even with social distancing and health and safety protocols while allowing gyms, restaurants, retail establishments, malls, and more to fill to social distancing capacity," the lawsuit contends.

Seeking to meet this Sunday, the churches note in their lawsuit that they would follow social distancing guidelines. They argue Douglas and Josephine counties each have recorded only 25 cases since the outbreak began. There was one COVID-19 death in Josephine County.

"Because the Governor's order threatens significant jail time and penalties for anyone who meets for a church service in violation of her order, a temporary restraining order and injunction are necessary to preserve Plaintiffs' constitutional rights," the lawsuit states.