by David Closson
August 13, 2020
Since the beginning of the coronavirus pandemic, churches have had to make difficult decisions. Now, as states reopen, church leaders are deciding whether to reopen for public services or continue providing live-streams and smaller, home-based ministry. Considerations such as protecting the health of worshippers, the public witness of the church, the spiritual and physical needs of members, and complying with government mandates are all a part of the conversation.
Across the country, churches are coming to different conclusions on these questions. In California, Pastor Jack Hibbs decided to reopen his megachurch on May 31. In late July, John MacArthur and the elders at Grace Community Church in California decided that the state and local government had overstepped their authority and opened the church for worship on July 26. Three days later, the church received a letter from a Los Angeles County attorney demanding the church stop holding indoor worship services. The letter threatened fines and imprisonment for noncompliance. On August 12, in an effort to block the state from enforcing its regulations, Pastor MacArthur and Grace Community Church filed suit against California Governor Gavin Newsom and Los Angeles Mayor Eric Garcetti.
Conversely, J.D. Greear, pastor of Summit Church in North Carolina and current president of the Southern Baptist Convention, announced at the end of July that his church would not hold public worship services for the remainder of the year and instead will facilitate home-based gatherings. Greear cited the biblical admonition of neighbor-love as a reason for his decision.
Which approach is best? Should churches resume holding public worship services, or should they be cautious and wait to fully reopen?
Complicating matters are the strict reopening policies some overreaching state and local governments have ordered churches to follow. In some states, governors and mayors have appeared to single out churches for unfair treatment, and as a result, pastors in these areas are beginning to defy unconstitutional and overreaching mandates from the authorities. These incidents have raised questions about how pastors should respond to the government when it oversteps its authority. For example, can the government prohibit churches from holding worship services? Does a governor have the right to tell churches they can’t sing? More generally, what is the proper posture government should have towards religion? These questions have prompted further reflection on the theological rationale for civil disobedience.
How Churches Have Responded to the Pandemic
Before answering the question of how churches should navigate reopening amid a pandemic, it is important to recall how churches have responded thus far.
In early March, virtually all churches suspended in-person worship services and other activities in response to the pandemic. Throughout the spring and early summer, churches almost universally complied with government mandates. This is important to remember, especially considering the media’s hostile and misleading reporting about churches. For example, on July 9, the New York Times published an article with the alarming headline “Churches Open Doors, And the Virus Sweeps In.” Ominously, the writers reported, “More than 650 coronavirus cases have been linked to nearly 40 churches and religious events across the United States since the beginning of the pandemic.” While the report initially sounds distressing, an objective, clear-minded analysis of the total number of cases shows that 650 cases represent an incredibly small percentage of the overall confirmed 4.75 million cases of COVID-19 in the United States (as of July 9). While every case is serious, the disproportionate attention on cases emerging from churches betrays an underlining animus toward people of faith.
Churches were quick to follow initial guidance from federal, state, and local authorities. According to an April study by LifeWay Christian Resources, 99 percent of Protestant churches gathered for worship on March 1. By March 29, only seven percent were still meeting. Notably, most churches ceased in-person gatherings before most states instituted stay-at-home orders (only nine states had stay-at-home orders as of March 23; by then, 90 percent of churches had adopted the CDC’s non-binding recommendation to suspend in-person gatherings). Therefore, anyone arguing that churches were obstinate or unwilling to obey the governing authorities from the outset of the pandemic is wrong. With very few exceptions, pastors across the country followed the Bible’s teaching in Romans 13 to honor the governing authorities.
Constitutional and Legal Considerations: The Unequal Treatment of Churches
Churches have served their members and local communities in creative ways throughout the spring and early summer—including live-streams and “Drive-In” services. However, now that their respective states have reopened, many churches have resumed or wish to resume in-person meetings and services. But churches in some states and localities have been ordered by the governing authorities not to reopen, despite implementing health and safety measures consistent with CDC guidance. What are we to make of the legal restrictions and gathering bans being imposed on churches?
According to the Becket Fund for Religious Liberty, as of July 27, worship services are prohibited or currently subject to unequal treatment (compared to nonreligious activities) in six states (California, Nevada, Washington, Maine, New Jersey, and Connecticut). Another 14 states have broad but equally applicable restrictions that limit churches’ ability to gather for worship or other activities.
Many of these restrictions are likely unconstitutional under the First Amendment’s Free Exercise Clause, which generally bars government from discriminating against religious entities in its policies and practices. For example, Nevada churches—regardless of size—are prohibited from admitting more than 50 people. Meanwhile, Nevada casinos can admit 50 percent of their maximum occupancy, allowing thousands of people inside. One church, Calvary Chapel, sued the state but was denied injunctive relief by the U.S. Supreme Court in a 5-4 decision. In his dissent, Justice Neil Gorsuch quipped, “In Nevada, it seems, it is better to be in entertainment than religion.” Justice Brett Kavanaugh, also in dissent, added, “COVID–19 is not a blank check for a State to discriminate against religious people, religious organizations, and religious services.”
In California, two-thirds of the state’s 58 counties are on a “county monitoring list.” Churches in these counties are not allowed to hold indoor services. Churches in counties not on the monitoring list are only allowed to admit 25 percent of their building’s capacity or up to a maximum of 100 people. As of July 29, California churches have been ordered to “discontinue indoor singing.” Notably, the same prohibition on chanting and singing did not extend to secular activities hosted indoors, including daycare centers, entertainment, schools, music, television and film production, and, most notably, public protests. In fact, Governor Newsom refused to ban protesters from chanting or singing, despite the risks posed by large gatherings in confined spaces.
Restrictions like those imposed on churches in California, Nevada, and elsewhere are even further problematic because the First Amendment gives religion a “privileged status” due to the societal good it provides and out of respect for the conscience of the citizenry. In his legal commentary regarding the First Amendment, Justice Joseph Story wrote, “It is the especial duty of government to foster, and encourage [religion] among all citizens and subjects.” The government is not to curtail religious exercise unless it demonstrates a compelling interest in doing so, and even then, the curtailment must occur in the narrowest way possible. This strong standard is in place in part because religion is something the American Founders knew ought to be safeguarded. Religion undergirds our nation and provides a vibrancy that must be preserved.
The First Amendment puts religious activity in a special category, and requires that it be protected. As Justice Kavanaugh noted in the recent Calvary Chapel case, even in a pandemic, the U.S. Constitution does not allow for casinos to receive privileged treatment over churches. As Kavanaugh explained, unlike gambling, the free exercise of religion is explicitly protected by the Constitution, and state laws that reflect “an implicit judgment that for-profit assemblies are important and religious gatherings are less so,” violate the Constitution. In America, religious liberty is often referred to as our “first freedom” because it is foundational to our other freedoms. Craps and poker simply do not merit the same protection.
Theological Considerations: The Christian Response to Religious Liberty Violations
What is a proper Christian response to what appears to be blatant religious discrimination and an unjust usurpation of authority by several states? Although Scripture teaches that government is a legitimate, God-ordained authority, is there a different calculus that pastors and church leaders need to make if it is clear the government has transgressed its constitutionally and divinely prescribed authority?
In a word, yes. In Romans 13, Paul teaches that the governing authorities are responsible for maintaining societal order and keeping the peace. However, God has not granted the government jurisdiction over the doctrine, liturgy, or practice of the church; pastors and elders, not magistrates, have been entrusted with this authority. In fact, there is biblical precedent for not obeying rulers who overstep their authority. When the corrupt religious authorities in Jerusalem ordered the apostles to stop preaching, Peter responded, “We must obey God rather than men” (Acts 5:29). Christians should honor the governing authorities as long as they are operating within their God-ordained role, but if the government is defying higher authority by imposing unconstitutional requirements on churches that want to reopen, pastors should seriously consider moving forward with plans to reopen their churches as safely as possible.
The roles of the church and state are complicated by the unique circumstances of a global pandemic. However, six months into the pandemic, we are faced with another type of health crisis. Experts are now warning of a mental health crisis due to the fear and anxiety sparked by the virus. According to preliminary data, depression, substance abuse, PTSD, drug overdoses, and suicide are all on the rise. A phenomenon that health experts refer to as a “shadow pandemic” is following the virus, manifesting itself in a variety of serious mental health concerns. For example, in Fresno, California, suicides were 70 percent higher in June this year compared to last year. According to the medical examiner’s office in Cook County (Chicago area), there have already been 58 suicides this year compared to 56 for all last year. And finally, the National Alliance on Mental Illness HelpLine has seen a 65 percent increase in calls and emails since March. Mental health experts have cited economic stress, social isolation, and, importantly, reduced access to church and worship services as factors driving this trend. Considering these factors, it is very reasonable to question whether the state and local governments truly have a compelling interest to impose on religion in the way they have.
How to Safely Reopen Your Church
Each church should ask themselves: What are the spiritual and practical consequences of remaining closed? What is the cost of only reopening a fraction of our outreaches and ministries?
Of course, in places where the virus has inflicted significant damage, churches should be wise and exercise good judgment. But most churches likely should move toward reopening, with safety precautions in place. This is true in states like California and Nevada, where churches appear to have been treated poorly with no justifiable reason. Churches within these states should continue to press their case—both at the local level and with the Department of Justice—that their constitutional rights are being violated. Constitutionally and theologically, churches have the right to continue the work they’ve been called to do. It is critical to our democracy that the government recognize and proactively protect the vital role religion plays in society. The pandemic does not alter this principle. As seen by the mental health epidemic, the need for the spiritual support of the church is only enhanced in the coronavirus era. It seems increasingly clear that by not opening, congregations and communities are at risk from other maladies besides the coronavirus.
Finally, safely reopening churches will require pastors and church leaders to exercise courage and faith, especially in areas where government officials have demonstrated hostility toward them. But Scripture reminds us that it is precisely for these moments that God gave us a spirit not of fear but of power and love and self-control (2 Tim. 1:7). According to Ohio State Representative Jena Powell, this is exactly what we need from our church leaders today. As Powell explained, “Right now, we need pastors with courage to stand up against government overreach, which is blatantly usurping the power that God has given to His church alone. We need pastors who are unafraid to boldly follow the commands of Scripture, and lead their churches in discipleship, evangelism, and serving their neighbors. I’m grateful for the many pastors who are shepherding well and hope more follow their example.”
To help churches safely reopen, Family Research Council has released a resource titled Guidelines for Reopening Your Church, which outlines the best sanitation practices advised by the CDC. It also provides guidance on other precautions churches can take, such as providing masks for those who attend services, ways to hygienically collect tithes and offerings, tips for administering the ordinances such as the Lord’s Supper, ideas for seating configurations, and ways pastors can set the tone for their congregations.
For further discussion about reopening churches and how Christians can think about responding to overreaching government authorities, listen to my recent interview with Tony Perkins on Washington Watch. And don’t forget to take advantage of all of FRC’s COVID-19 and The Church Resources.
Kaitlyn Shepherd, a legal intern with Policy & Government Affairs at Family Research Council, contributed legal research for this blog.