Going to religious services is a necessary part of the practice of most religions. The right to practice religion is protected by the First Amendment, but it is not absolute; instead it is subject to reasonable restrictions. So in this time of Covid-19, religions are and should be subject to reasonable regulations.
President Trump has declared a state of emergency. In substance he has left it to each state to determine how best to protect the rights of its citizens. That makes sense, because a one size fits all approach does not seem the best way to deal with the emergency at this time. I believe each Governor has then implemented regulations governing the emergency.
It’s been one month since the national emergency has been declared. Some of the issues that have been raised by this discussion are:
1. What oversight should the legislature of a State have over the Governor’s decisions on how to implement that State of Emergency? Has any State Legislature reviewed the Governor’s decisions?
2. What rights do the local executives, such as Mayors and County Executives, have to make their own emergency declarations? For example, the Governor of Kentucky has ordered social distancing. What if the Church is prepared to comply with his regulations by requiring cars to stay more than six feet apart and follow other regulations determined by the Governor, and the Church can demonstrate that it is able to follow those regulations enforcing social distancing, does the Mayor have the right to ban a Church service? That issue is similar to what is going on in New York now, where the Mayor of New York City has closed the school system for the rest of the school year and the Governor of New York says the Mayor doesn’t have the authority to do that.
3. In determining how to enforce the state of emergency continues, should churches be considered an essential service? If that is the case, is the government required to treat churches differently a tavern or Disney World.
4. What powers do the Courts have to get involved? Let’s say that a Governor decides that he will revoke the declaration of emergency and thus vacate the stay in place order. Does a group most effected by that decision (e.g. elderly or those with autoimmune issues) have the right to block that order on the grounds that decision is presenting a risk to them?