North Carolina churches allowed to have indoor services, win restraining order against religious restrictions – WXII12 Winston-Salem

The United States District Court is allowing North Carolina churches to hold indoor services by granting a temporary restraining order on religious gathering restrictions. The plaintiffs filed a complaint, saying Gov. Roy Cooper's Executive Order 138 concerning COVID-19 and worship services of more than 10 people being outdoors "violates the Free Exercise Clause of the First Amendment."Multiple plaintiffs on the court ruling are from the Triad. Berean Baptist Church and its pastor, Dr. Ronnie Baity, are located in Winston-Salem along with Return America.Related: Winston-Salem pastor named in federal suit reacts to temporary lifting of church gathering restrictions Judge James C. Denver III agreed with the plaintiffs, who also stated the limits treated churches differently from other retailers and other secular activities.In the filing, the judge ruled:"There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First Amendment. Plaintiffs have demonstrated that they are likely to succeed on the merits of their Free Exercise claim concerning the assembly for religious worship provisions in Executive Order 138, that they will suffer irreparable harm absent a temporary restraining order, that the equities tip in their favor, and that a temporary restraining order is in the public interest. Thus, having considered the entire record and governing law, the court grants plaintiffs' motion for a temporary restraining order." Related: Triad churches begin drive-in services during phase 1 of reopeningNorth Carolina Speaker Tim Moore tweeted, saying the ruling "recognizes 1st Amendment rights deserve more protection, not less." North Carolina Gov. Roy Cooper's spokesperson responded with a statement:"We don't want indoor meetings to become hot spots for the virus and our health experts continue to warn that large groups sitting together inside for long periods of time are much more likely to cause the spread of COVID-19. While our office disagrees with the decision, we will not appeal, but instead urge houses of worship and their leaders to voluntarily follow public health guidance to keep their members safe." "This court does not doubt that the Governor is acting in good faith to lessen the spread of COVID-19 and to protect North Carolinians," the ruling noted. "'But restrictions inexplicably applied to one group and exempted from another do little to further these goals and do much to burden religious freedom.'" The full court ruling can be read here.

The United States District Court is allowing North Carolina churches to hold indoor services by granting a temporary restraining order on religious gathering restrictions.

The plaintiffs filed a complaint, saying Gov. Roy Cooper's Executive Order 138 concerning COVID-19 and worship services of more than 10 people being outdoors "violates the Free Exercise Clause of the First Amendment."

Multiple plaintiffs on the court ruling are from the Triad. Berean Baptist Church and its pastor, Dr. Ronnie Baity, are located in Winston-Salem along with Return America.

Related: Winston-Salem pastor named in federal suit reacts to temporary lifting of church gathering restrictions

Judge James C. Denver III agreed with the plaintiffs, who also stated the limits treated churches differently from other retailers and other secular activities.

In the filing, the judge ruled:

"There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First Amendment. Plaintiffs have demonstrated that they are likely to succeed on the merits of their Free Exercise claim concerning the assembly for religious worship provisions in Executive Order 138, that they will suffer irreparable harm absent a temporary restraining order, that the equities tip in their favor, and that a temporary restraining order is in the public interest. Thus, having considered the entire record and governing law, the court grants plaintiffs' motion for a temporary restraining order."

Related: Triad churches begin drive-in services during phase 1 of reopening

North Carolina Speaker Tim Moore tweeted, saying the ruling "recognizes 1st Amendment rights deserve more protection, not less."

North Carolina Gov. Roy Cooper's spokesperson responded with a statement:

"We don't want indoor meetings to become hot spots for the virus and our health experts continue to warn that large groups sitting together inside for long periods of time are much more likely to cause the spread of COVID-19. While our office disagrees with the decision, we will not appeal, but instead urge houses of worship and their leaders to voluntarily follow public health guidance to keep their members safe."

"This court does not doubt that the Governor is acting in good faith to lessen the spread of COVID-19 and to protect North Carolinians," the ruling noted. "'But restrictions inexplicably applied to one group and exempted from another do little to further these goals and do much to burden religious freedom.'"

The full court ruling can be read here.

Read the rest here:

North Carolina churches allowed to have indoor services, win restraining order against religious restrictions - WXII12 Winston-Salem

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