Across the country, worship leaders have suspended in-person worship, and instead offer online services—all to keep people safe. This is especially poignant because Christians around the world are celebrating the most important events of their tradition during Holy Week. As an Episcopal priest and an attorney, I agree 100% with this decision for online services. Our role as worship leaders involves nurturing our faith in a safe place.
Factual Reality, Science, and Prevention
We must never endanger congregants, especially when trustworthy scientific information has deemed that social distancing is mandatory to diminish the spread of COVID-19. According to Reuters, the US has approximately 431,700 COVID-19 cases, and over 14,770 people have died as of April 9, 2020. About 22,000 people have recovered from the virus. And, we are bracing for the next two weeks as these numbers spike towards unknown heights.
Medical professionals work tirelessly to inform us about this novel predator. When we ignore clear warnings, we are playing with fire. The risk of permanent damage to our bodies or even death due to COVID-19 is too high a gamble.
“Proving our Faith”
Social-distancing is the new normal, for now. The counterculture of ignoring science has no place for a faithful Christian. God has endowed us not only with faith but also with knowledge, reason, and common sense. God calls us to use these gifts, especially now.
The behavioral responses to the COVID-19 pandemic must not be seen as a test of faith. We should not have to prove the strength of our faith by undertaking such danger. Apparently, ignoring recommendations to prohibit social gathering is the new “snake-handling.” Such dangerous decisions sidestep the ethical and moral responsibility to protect the public health.
During his earthly mission, Jesus spent much of his time healing people. He viewed wholeness as vital, and the restoration to health remained foundational to his ministry. We must draw on Jesus’ example in caring for one another by heeding sound medical advice during this global crisis.
The Free Exercise Clause of the First Amendment
This all seems straight-forward; however things get tricky when the Free Exercise of Religion Clause of the First Amendment comes into play. Ironically, Pastor Tony Spell of the Life Tabernacle Church refuses to close the doors of his church in Baton Rouge, Louisiana, even temporarily.
In an interview taped on April 5, CNN reporter Victor Blackwell asked Spell directly if he believes in the science of COVID-19, and Spell said, “Yes.” However, he immediately began to retract his statement when he criticized projected mortality rates as too high. Spell cited a prediction that there would be a need for “1.5 million body bags, and we’re only at 8,400.” Blackwell challenged Spell regarding the insensitivity of this statement for the families of those 8,400 human beings. He did not respond.
Some congregants ride buses in from other counties to attend worship services at Life Tabernacle. They do not observe the six-foot distancing rule, and during services, Spell hugs people in the pews and lays his hands on their heads. He represents that faith healings from cancer and AIDS happen there. Whether true, cancer is not contagious, and AIDS is not readily catchable like COVID-19. Spell seems to insinuate that if his flock gets ill, he will heal them.
Spell’s primary argument is that the governor’s order to close churches violates the First Amendment’s guarantee to free exercise of religion clause. SCOTUS has regulated first Amendment rights in the past. This pandemic is one such instance where the state can legitimate its actions.
The government must demonstrate that restrictions are imposed because there is “a compelling state interest.” A pandemic certainly qualifies as a compelling state interest. The government must also narrowly tailor those restrictions to address that interest and not more. Usually, the government does not satisfy these requirements. However, I submit that the state will prevail in this situation.
- These shelter-in-place orders are within a reasonable range of time necessary to quell the spread of the virus. This is a bit of a guessing game, but the statistics are rising exponentially, and they prove the need for great caution to preserve public health.
- The state can renew these temporary orders periodically; these orders can be rescinded at any time.
- The limitations to gather apply to all public gatherings, not just religious services.
- All faith traditions are governed by the ban, and no particular faith or congregation has been singled out for regulation.
These limits are sufficiently narrowly-tailored to staunch the spread of the disease. Almost all congregations comply with the stay-at-home orders and hold remote services. These data provide weighty evidence to support the temporary measures. Yet, regardless of the pandemic, Spell views the free exercise clause as superior to all other rights. It’s a terrible gamble, and his flock is the stakes. As are we.
A Sacramento church is the source for 70 cases of COVID-19 infections, according to a CNN article posted on April 4, 2020.
The Louisiana stay-at-home order identifies, among others, the following charitable activities as essential.
“Organizations that provide charitable and social services. Businesses and religious and secular nonprofit organizations, including food banks, when providing food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities.”
Further, the CDC outlined detailed guidelines Community and Faith-Based Organizations (CFBOs), so they can continue activities to support the morale and cohesion of their communities, even when large gatherings are postponed or canceled. The CDC encourages religious leaders to provide information and support. Via telephone or remote video, churches can meet their core missions of worship, and by providing pastoral care and outreach to those who are ill, alone, or have experienced a death. CFBOs can also serve as a referral resource for mental health care.
Let us all work together by honoring the best science to protect one another because the stakes are too high for such a gamble. Life will return to normal, and so will our liberties. Jesus modeled the importance of wholeness and healing. It is a lesson from which we all can benefit.
