Drive-in Churches Regain Religious Freedom in the Midst of the Virus
May 1, 2020
Legal experts that are reminding elected officials across the nation about the religious liberty afforded to Americans in the Constitution are quickly gaining victories for drive-in church services during the coronavirus pandemic.
Alliance Defending Freedom and the Shanahan Law Group teamed up to defend several churches that were doing communion and gathering tithes at their drive-in services in Wake County, N.C. They sent the county a letter that states in part, “There is less risk in permitting congregants to drop tithes in a bucket than there is in permitting them to hand credit cards and cash back and forth to pay for goods at the hardware store or food at a drive-through. This provision, again, targets religious organizations for disfavored treatment and is likewise unconstitutional.” Former federal prosecutor Kieran J. Shanahan, founder of the Shanahan Law Group, added, “While it is important to take COVID-19 seriously, a global pandemic does not erase our constitutional rights, nor does it give government officials license to discriminate against churches and other houses of worship.”
Wake County responded to the letter the same day by reversing its decision so that churches can now offer prepackaged communion elements and allow congregants to drop tithes into boxes at drive-in worship services.
First Liberty Institute sent a letter on behalf of His Tabernacle, Pine City Christian Church, and Journey Church to Chemung County, N.Y., Executive Christopher Moss and the county’s other officials reminding them that the state’s stay-at-home order did not prohibit church services that complied with social distancing. The letter also stated that banning drive-in services violated these church’s First Amendment rights. A day later, county officials amended the policy to allow churches in the county to once again hold drive-in church services.
And only days after the Thomas More Society stepped in to defend First Pentecostal Church of Holly Springs in Mississippi by filing a federal lawsuit on April 23, U.S. District Judge Michael P. Mills ruled that the church could continue its drive-in services.
Even U.S. Attorney General William Barr, in a memorandum sent out on Monday, reminded elected officials across the nation, “If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court.” Barr concluded his statement with, “[T]he Constitution is not suspended in times of crisis. We must therefore be vigilant to ensure its protections are preserved, at the same time that the public is protected.”
A Torrent of Tyrants: How Local Churches Are Fighting Back
Family Research Council
NC county confronted for targeting churches in COVID-19-related order
Alliance Defending Freedom
After Letter from Religious Liberty Law Firm, New York County Aligns Policies with First Amendment
Benzinga.com
April 10, 2020, Letter Replying to County Prohibition on Drive-in Church Services
First Liberty
Federal judge says Mississippi church can hold drive-in services
FOX News
First Pentecostal Church of Holly Springs v. City of Holly Springs, Mississippi
Thomas More Society
Attorney General William Barr Warns States, Local Governments to Respect Religious Freedom
Breitbart
NOTE: FACT provides links to external websites for educational purposes only. The inclusion of any links to other websites does not necessarily constitute an endorsement.
Alliance Defending Freedom and the Shanahan Law Group teamed up to defend several churches that were doing communion and gathering tithes at their drive-in services in Wake County, N.C. They sent the county a letter that states in part, “There is less risk in permitting congregants to drop tithes in a bucket than there is in permitting them to hand credit cards and cash back and forth to pay for goods at the hardware store or food at a drive-through. This provision, again, targets religious organizations for disfavored treatment and is likewise unconstitutional.” Former federal prosecutor Kieran J. Shanahan, founder of the Shanahan Law Group, added, “While it is important to take COVID-19 seriously, a global pandemic does not erase our constitutional rights, nor does it give government officials license to discriminate against churches and other houses of worship.”
Wake County responded to the letter the same day by reversing its decision so that churches can now offer prepackaged communion elements and allow congregants to drop tithes into boxes at drive-in worship services.
First Liberty Institute sent a letter on behalf of His Tabernacle, Pine City Christian Church, and Journey Church to Chemung County, N.Y., Executive Christopher Moss and the county’s other officials reminding them that the state’s stay-at-home order did not prohibit church services that complied with social distancing. The letter also stated that banning drive-in services violated these church’s First Amendment rights. A day later, county officials amended the policy to allow churches in the county to once again hold drive-in church services.
And only days after the Thomas More Society stepped in to defend First Pentecostal Church of Holly Springs in Mississippi by filing a federal lawsuit on April 23, U.S. District Judge Michael P. Mills ruled that the church could continue its drive-in services.
Even U.S. Attorney General William Barr, in a memorandum sent out on Monday, reminded elected officials across the nation, “If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court.” Barr concluded his statement with, “[T]he Constitution is not suspended in times of crisis. We must therefore be vigilant to ensure its protections are preserved, at the same time that the public is protected.”
News Sources
A Torrent of Tyrants: How Local Churches Are Fighting BackFamily Research Council
NC county confronted for targeting churches in COVID-19-related order
Alliance Defending Freedom
After Letter from Religious Liberty Law Firm, New York County Aligns Policies with First Amendment
Benzinga.com
April 10, 2020, Letter Replying to County Prohibition on Drive-in Church Services
First Liberty
Federal judge says Mississippi church can hold drive-in services
FOX News
First Pentecostal Church of Holly Springs v. City of Holly Springs, Mississippi
Thomas More Society
Attorney General William Barr Warns States, Local Governments to Respect Religious Freedom
Breitbart
NOTE: FACT provides links to external websites for educational purposes only. The inclusion of any links to other websites does not necessarily constitute an endorsement.
