Attorney General William P. Barr issued the following
statement:
"In light of the COVID-19 pandemic, the President has
issued guidelines calling on all Americans to do their part to slow the spread
of a dangerous and highly contagious virus.
Those measures are important because the virus is transmitted so easily
from person to person, and because it all too often has life-threatening
consequences for its victims, it has the potential to overwhelm health care
systems when it surges.
To contain the virus and protect the most vulnerable among
us, Americans have been asked, for a limited period of time, to practice
rigorous social distancing. The
President has also asked Americans to listen to and follow directions issued by
state and local authorities regarding social distancing. Social distancing, while difficult and
unfamiliar for a nation that has long prided itself on the strength of its
voluntary associations, has the potential to save hundreds of thousands of
American lives from an imminent threat.
Scrupulously observing these guidelines is the best path to swiftly
ending COVID-19’s profound disruptions to our national life and resuming the
normal economic life of our country.
Citizens who seek to do otherwise are not merely assuming risk with
respect to themselves, but are exposing others to danger. In exigent circumstances, when the community
as a whole faces an impending harm of this magnitude, and where the measures
are tailored to meeting the imminent danger, the constitution does allow some
temporary restriction on our liberties that would not be tolerated in normal
circumstances.
But even in times of emergency, when reasonable and
temporary restrictions are placed on rights, the First Amendment and federal
statutory law prohibit discrimination against religious institutions and
religious believers. Thus, government may
not impose special restrictions on religious activity that do not also apply to
similar nonreligious activity. For example, if a government allows movie
theaters, restaurants, concert halls, and other comparable places of assembly
to remain open and unrestricted, it may not order houses of worship to close,
limit their congregation size, or otherwise impede religious gatherings. Religious institutions must not be singled
out for special burdens.
Today, the Department filed a Statement of Interest in
support of a church in Mississippi that allegedly sought to hold parking lot
worship services, in which congregants listened to their pastor preach over
their car radios, while sitting in their cars in the church parking lot with
their windows rolled up. The City of
Greenville fined congregants $500 per person for attending these parking lot
services – while permitting citizens to attend nearby drive-in restaurants,
even with their windows open.[1] The
City appears to have thereby singled churches out as the only essential service
(as designated by the state of Mississippi) that may not operate despite
following all CDC and state recommendations regarding social distancing.
As we explain in the Statement of Interest, where a state
has not acted evenhandedly, it must have a compelling reason to impose
restrictions on places of worship and must ensure that those restrictions are
narrowly tailored to advance its compelling interest. While we believe that during this period
there is a sufficient basis for the social distancing rules that have been put
in place, the scope and justification of restrictions beyond that will have to
be assessed based on the circumstances as they evolve.
Religion and religious worship continue to be central to the
lives of millions of Americans. This is
true more so than ever during this difficult time. The pandemic has changed the ways Americans
live their lives. Religious communities
have rallied to the critical need to protect the community from the spread of
this disease by making services available online and in ways that otherwise
comply with social distancing guidelines.
The United States Department of Justice will continue to
ensure that religious freedom remains protected if any state or local
government, in their response to COVID-19, singles out, targets, or
discriminates against any house of worship for special restrictions."
[1] The City has
since stated it will drop the fines, but will continue to enforce the order.
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