New Mexico Megachurch Files Suit against State over Policy Banning Gatherings of More than 5

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New Mexico Megachurch Files Suit against State over Policy Banning Gatherings of More than 5


A New Mexico megachurch says that the state is violating its First Amendment rights with its COVID-19 social-distancing restrictions and is challenging the order in court. 

Steve Smothermon, lead pastor of Legacy Church, which draws about 20,000 people to its four Albuquerque area campuses, told KRQE he questions the timing of an order by Gov. Michelle Lujan Grisham declaring churches were no longer “essential,” meaning they must adhere to a five-person limit for gatherings.

“Really what I consider a very egregious act on her part that at 5 o’clock on Saturday she puts out this new order for churches, basically not making churches essential when they were before, and she does it on the eve of Easter,” Smothermon told the news station.

The pastor said his church was preparing to livestream its Easter Sunday service when the governor issued the new order. Smothermon said the church needs about 30 people, including worship singers, band and sound technicians to present its online services.

In addition to a temporary restraining order, the Legacy lawsuit is asking for a permanent injunction that would allow it the same rights as “essential” businesses, which means it would only need to limit its capacity to 20% of normal.

“We wouldn’t be able to put on the quality that we have and the engagement that we’re able to do and look people in the eye, you…

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