Does the right of the exercise of religion under the U.S. Constitution’s First Amendment allow one to disregard Gov. J.B. Pritzker’s emergency orders on public gatherings? No, said a federal court out of Northern Illinois. A 60-80-member church, Beloved Church of Lena, filed suit in federal court seeking a ruling that the governor’s recent emergency order banning public assembly of more than 10 people without the ability to maintain 6-foot distance improperly infringed upon the membership’s ability to congregate in fellowship of worship. How it played out So how does the law work in balancing the freedom of religion against society’s interest to be free of the spread of disease? An axiom of American jurisprudence is that when a fundamental liberty (in this case, the expression of religion) is restricted by government action, there must be a compelling state interest that needs advancement for that restriction to pass constitutional muster. The judge in the church’s lawsuit found Pritzker’s emergency order complied with such axiom. The judge noted that prevention of mass infection and death has long been recognized by U.S. federal courts as a compelling state interest. The judge specifically made mention that the number of confirmed deaths from […]

By : Mark McDowell Tags: