Federal judge denies request to more broadly open Delaware churches
A New Castle-area pastor's efforts to have churches fully open Sunday for the Christian holiday of Pentecost appear to be stalled for now.
In a ruling released late Friday night, U.S. District Judge Colm F. Connolly denied Canaan Baptist Church Rev. Christopher Bullock's request for a temporary restraining order against Gov. John Carney's regulations on places of worship.
On Saturday, after Bullock's attorney filed an appeal, a Third Circuit Court judge affirmed the ruling.
Carney has said his emergency orders are intended to help stop the spread of coronavirus.
Connolly's ruling came after a three-hour hearing on Thursday, in which the judge whittled down Bullock's more urgent needs that would allow him to freely celebrate services on Sunday. Those were:
- The preparation and distribution of communion.
- No holding or touching during baptisms.
- The clergy have to wear a mask while preaching.
- How many people are allowed in places of worship during services.
Bullock argued that churches are needed now more than ever, given the state of the world during the coronavirus pandemic. He says Carney's regulations have "muzzled" places of worship, and argues the emergency orders have deprived him of his rights to freely exercise religion.
Connolly rejected Bullock's request for two reasons.
In a written opinion, Connolly said the status quo that would be preserved by implementing a temporary restraining order would be more restrictive than Carney's May 23 guidance for places of worship that's currently in effect; and that Bullock "made no showing that he will be irreparably harmed if I do not issue his proposed temporary restraining order."
Still, the judge wrote that his legal decision "has no bearing on the merits of Dr. Bullock's claims."
"Those claims implicate one of our most treasured rights protected by the Constitution — the right to exercise freely one's religion," Connolly wrote. "And they implicate as well the fundamental right of a state 'to protect itself against an epidemic of disease which threatens the safety of its members.'
"These important principles make this an important case."
Thursday's hearing is part of a larger lawsuit by Bullock who is trying to more broadly open places of worship as COVID-19 restrictions are being lifted across Delaware. To not remove these restrictions while doing so on non-secular businesses, Bullock argues, violates his religious freedoms under the First and 14th Amendment.
Religious institutions seeking equal treatment have been joining protests against coronavirus restrictions nationally.
They've also engaged in legal battles in several states that have resulted in showdowns in California and Illinois, which the U.S. Supreme Court weighed in on late Friday night.
Chief Justice John Roberts, who cast the deciding vote in the California case, announced just before midnight, said choosing when to lift restrictions during a pandemic is the business of elected officials, not unelected judges.
Thomas S. Neuberger, an attorney for Bullock, said the Supreme Court decision has no bearing on his client's case, given Bullock makes a different argument than was made in California.
NATIONAL VIEW:Supreme Court won't force states to speed up church reopenings
President Donald Trump, Vice President Mike Pence and many religious leaders have demanded that state and local governments treat churches the same as most businesses. Trump last week labeled churches, synagogues and mosques as "essential places that provide essential services."
On the other side of the argument are governors and public health authorities, including the Centers for Disease Control and Prevention, which has linked religious services to outbreaks of COVID-19. In one example, the CDC said 38% of those attending a rural Arkansas church in early March caught the virus, resulting in four deaths.
Last week, Delaware eased restrictions on places of worship, which for weeks included limiting in-person services to 10 people.
On May 18, Carney issued new guidance allowing groups to host expanded in-person religious services under certain restrictions, including limiting gatherings to 30% of the fire code capacity and "strict" social distancing. Carney's order said 30% occupancy would only be allowed under certain conditions, including having preachers wearing a mask during services.
The following day, Bullock filed his federal lawsuit, saying Carney's restrictions violated his right to religious freedom. He contends the guidance amounts to orders because anyone who violates them can be imprisoned.
Bullock said places of worship know how to take care of their congregations and do not want to place anyone in danger. He also says they would follow guidance issued by the CDC.
On Thursday, Neuberger said in court that Bullock intends to open Canaan Baptist Church "slow and easy."
Contact Esteban Parra at (302) 324-2299, eparra@delawareonline.com or Twitter @eparra3. Isabel Hughes can be reached at ihughes@delawareonline.com or 302-324-2785. For all things breaking news, follow her on Twitter at @izzihughes_