A federal judge handed a Washington, D.C. church a major religious liberty victory Friday, ruling it could gather outdoors for worship services during the pandemic in spite of city restrictions.
At issue were restrictions by the city and Mayor Muriel Bowser that ban religious gatherings larger than 100 individuals, even if they are held outside.
Capitol Hill Baptist Church (CHBC), which had around 1,000 attendees each Sunday prior to the pandemic, sued the city and asserted the restrictions violated its rights under the U.S. Constitution and the Religious Freedom Restoration Act, a 1993 law. Its pastor is Mark Dever, a well-known author and speaker.
The congregation asked District Judge Trevor McFadden to allow it to gather outside its building, provided it practices social distancing and uses masks. McFadden agreed.
“The District’s current restrictions substantially burden the Church’s exercise of religion. More, the District has failed to offer evidence at this stage showing that it has a compelling interest in preventing the Church from meeting outdoors with appropriate precautions, or that this prohibition is the least-restrictive means to achieve its interest,” McFadden wrote in a 26-page opinion in issuing a preliminary injunction. The congregation likely will succeed in its suit, he wrote.
The church would have faced fines of $1,000 per violation if it…
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