A pair of Colorado churches won a religious liberty victory last week when a federal judge ruled they could meet indoors without an attendance cap, provided they continue following the state’s social distancing requirements.
At issue are state COVID-19 restrictions that limit the capacity of houses of worship and also require attendees to wear masks. U.S. District Judge Daniel D. Domenico ruled Oct. 15 that both restrictions likely violate “the First Amendment’s guarantee of the free exercise of religion” because the restrictions aren’t neutral and don’t apply to “comparable secular gatherings.”
The suit was brought by Denver Bible Church and its pastor, Robert Enyart, and Community Baptist Church and its pastor, Joey Rhoads. Thomas More Society represented the congregations and the ministers.
“The First Amendment does not allow government officials, whether in the executive or judicial branch, to treat religious worship as any less critical or essential than other human endeavors,” Domenico wrote. “Nor does it allow the government to determine what is a necessary part of a house of worship’s religious exercise. Those fundamental principles, which involve no balancing or second-guessing of public health officials’ scientific analysis or policy judgments, require the court to grant Plaintiffs’ motion.”
Colorado, he said,…
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