Copyright © 2020 Albuquerque Journal Legacy Church, 7201 Central NW, sued the state and Health Secretary Kathy Kunkel in April over a ban on large gatherings. (Adolphe Pierre-Louis/Albuquerque Journal) The state has the right to ban large gatherings in houses of worship during a public health crisis, such as the current pandemic, and those restrictions are not a violation of religious freedoms. That’s the ruling handed down late Monday by U.S. District Judge James O. Browning in a lawsuit brought in April by Legacy Church against New Mexico Health Secretary Kathy Kunkel and the state of New Mexico. In his ruling, Browning rejected the megachurch’s claim that the public health orders violated its free exercise rights and its assembly clause rights “because the public health orders are neutral with respect to religion and generally applicable.” Further, Browning said, the public health orders “are unrelated to the suppression of speech or religion, serve a compelling state interest, and significantly less restrictive alternatives are not available.” Indoor dining, fall sports out; mask mandate more restrictive Indoor dining, fall sports out; mask mandate more restrictive Jordy Stern, an attorney with the Barnett Law Firm, which represents Legacy Church, said Tuesday that they […]
