Robert A. J. Gagnon
The very first line of the very first amendment of the Constitution contains the words that "Congress shall make no law . . . prohibiting the free exercise" of "religion." How prohibiting people from meeting and praying in person and arresting pastors who hold such a meeting, even when practicing a 6-foot-distant rule, distributing a hand sanitizer to everyone who comes, and installing a $100,000 hospital-grade air purification system is not a restraint on the "free exercise of religion" I know not.
When the state can prohibit people from meeting to worship in person, for any length of time that the state deems appropriate, and even arrest pastors who violate such a prohibition, that's quite a restraint on the free exercise of religion, isn't it?
Especially when the ruling in question permits any business to continue running where a 6-foot distant policy is implemented. Or when "shelters" are still permitted. Or when people continue to congregate in mass supermarkets, Walmarts, liquor stores, shelters, and gas stations. Or when abortion clinics are still open for business, killing babies and not practicing a 6-foot-distant policy.
Or when, as NYC ICU doctor, David Price notes, if you stop touching your face before washing your hands, you will not get the virus; and you would need prolonged (15-30 minutes) exposure to someone aspirating the virus within 3-6 feet in order to get it that way.
Or when according to an infectious disease expert, a mandatory national lockdown is no cure and ultimately more dangerous to the country than the disease itself.
The State has no right to determine whether religious assemblies constitute an "essential service" in the midst of a pandemic, much less the right to arrest pastors for gathering their flock. The first line of the First Amendment makes that absolutely clear. This is all the more obvious when the State declares abortion an "essential service." The State can issue a strong advisory for churches not to assemble regularly. Churches that assemble can be subject to criticism by the State, the general public, and other churches. But the State cannot order churches to stop assembling, much less arrest pastors for assembling, without violating the First Amendment right to "free exercise" of religion. If you don't know that, then our major problem is not the virus. I'm shocked that so many Evangelical leaders seem not to know this.
Are churches prepared not to meet in person for the next year-and-a-half that it will take to develop a vaccine and distribute it widely when parishioners can protect themselves by not touching their faces with unwashed hands and not being within 3-6 feet of the same infected person for 15-30m or more? Is that really a workable option? When 50,000 people die every year from seasonal flu and 443,000 from diseases related to smoking? When other outbreaks of severe virus are possible in the future? Are they going to condone the state arresting pastors who meet with their congregations during that interval? Do they value so little the scriptural injunction not to forsake meeting, much less the First Amendment that absolutely prohibits any restraint on the free exercise of religion? Do they have any idea what the long-term ramifications for religious liberty are from surrendering their rights to the state? Are they sheeple?