DOJ to county: 1st Amendment allows religious groups to meet

The Justice Department is reminding officials in one Maryland county the First Amendment protects citizens' God-given religious rights.

It's because Montgomery County Executive Marc Elrich and members of the county council have allowed protesters to gather in large numbers but refuse to allow religious groups the same right.

Assistant Attorney General for Civil Rights Eric Dreiband wrote a letter expressing concerns about the county's First Amendment violations.

"During a crisis it is important for people of faith to be able to exercise their religion," said Dreiband. "Montgomery County has shown no good reason for not trusting congregants who promise to use care in worship the same way it trusts political protesters to do the same. The Department of Justice will continue to take action if states and localities infringe on the free exercise of religion or other civil liberties."

The letter recognized the county's work to protect the health and safety of residents.

"You and other leaders around the country are called on to balance multiple competing interests, to evaluate the constantly changing information available to you about COVID-19,and to make your best judgment on courses of action," the letter said.

To protect the public, the county adopted a ban on gatherings of more than 10 people.

And it appropriately created an exception for public protests of the death of George Floyd in Minneapolis.

"Your support for peaceful assembly and speech follows the best of our nation's traditions," the letter said." The First Amendment is incorporated against the states through the Fourteenth Amendment and provides that 'Congress shall make no law … abridging the freedom of speech, …. Or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

But the letter argued that of no less importance is the First Amendment's protection for religious exercise.

"This amendment protects religious observers against unequal treatment," the letter said. "Government may not discriminate against religious gatherings compared to other nonreligious gatherings that have the same effect on the government's public health interest, absent compelling reasons," the DOJ advised.

The department advised, "We urge you to ensure that your executive orders and enforcement of them respect both the right of your residents to assemble to express their views and the right to practice their faith."

"To amend (or selectively enforce) the order to permit gatherings of more than 10 people for political protest yet deny similar gatherings for religious exercise would raise grave concerns under the Constitution," it said.

"Compliance with the First Amendment is not optional, and the First Amendment protects both free exercise and assembly rights."