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State officials are appealing a federal judge’s decision allowing the congregants of two Colorado churches to take off face coverings if and when they interfere with their religious exercise and exempting them from limits exclusive to religious gatherings.
Denver Bible Church in Wheat Ridge and Community Baptist Church in Brighton filed suit against the state of Colorado in August.
Lawyers for the churches argued that Gov. Jared Polis’ regulations requiring face coverings be worn at all times and limiting the number of people who can gather indoors are unconstitutional, according to CNN.
U.S. District Court Judge Daniel Domenico tossed out several of the Colorado churches’ claims, but agreed with their arguments to grant them exemption from the mask wearing and indoor gathering limits.
“The Constitution does not allow the state to tell a congregation how large it can be when comparable secular gatherings are not so limited, or to tell a congregation that its reason for wishing to remove facial coverings is less important than a restaurant’s or spa’s,” Judge Domenico wrote in the 44-page order. Diners who are allowed to eat in Colorado restaurants are permitted to remove their face coverings at their tables under the state’s COVID-19 measures.
Colorado’s current public health orders limit indoor events to 100 people per room, depending on square footage, Colorado Public Radio recently reported. Outdoor events can have as many as 175 people. People in Colorado are also required to cover their faces at all times in indoor public places.
“The State rightly argues that during a public-health emergency, courts must be particularly mindful of the complex interaction between constantly evolving scientific understanding and policymaking,” Judge Domenico wrote. “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.”
Churches across the country have been waging similar legal battles against state-imposed restrictions on indoor and outdoor gatherings, social distancing, face coverings and other measures meant to curb the spread of the coronavirus pandemic to mixed results.
The courts have hardly spoken with a consistent voice, even those hearing cases in the same state. Andrew Wommack Ministries, another Colorado church, filed a lawsuit much like the Denver Bible Church lawsuit in September, but it was heard by a different judge.
In that case, U.S. District Court Judge Christine M. Arguello denied the organization’s legal challenge due to public health risks, Colorado Public Radio reported.
The Colorado attorney general’s office is appealing Judge Domenico’s decision to the 10th Circuit Court of Appeals. It also petitioned the court for a “stay” of Judge Domenico’s ruling to exempt Denver Bible and Community Baptist from the state’s gathering and face covering restrictions, arguing that the exemption could result in the spread of the coronavirus and put the public’s health at risk, The Denver Post reported.
The motion said Judge Domenico erred by taking scientific evidence presented in the case out of context and overlooked the fact that the state’s COVID-19 regulations do not single out religious activities, according to The Denver Post.
“Absent some sort of bad faith, a law that is otherwise neutral and generally applicable does not suddenly become unconstitutional simply because it contains limited exceptions for certain secular activities but not religious activities,” The Post quoted the state’s motion as saying. “… Nothing in the state defendant’s public health orders reveals discrimination or bigotry targeted at religion.”
The state’s motion to put Judge Domenico’s decision on hold while the case goes through the appeals process was denied.
Denver’s CBS News affiliate has been covering the conflict.
Bob Enyart, the pastor of Denver Bible Church told the station he thinks state officials went too far with the restrictions.
“It’s like ‘The Boy Who Cried Wolf’,” the station quoted him as saying. Enyart calledPolis’ coronavirus pandemic orders “government overreach” and said, “There’s so much evidence coming out that the lockdown is hurting people. … We hope other [Colorado churches] will follow along.”
Judge Domenico’s ruling applies only to the Denver Bible Church in Wheat Ridge and Community Baptist Church in Brighton.
Has your church been affected by state or local regulations relating to the coronavirus pandemic? Have the restrictions interfered with your ability to worship in the way your religion requires? Tell us about it in the comment section below.
Denver Bible Church is represented by Rebecca R. Messall of Messall Law Firm LLC and J. Brad Bergford of Bergford Law.
The Colorado Churches Lawsuit is Denver Bible Church, et al. v. Governor Jared Polis, et al., Case No. 1:20-cv-02362, in the U.S. District Court for the District of Colorado.
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