RALEIGH, N.C. (Legal Newsline) – A federal judge has granted a restraining order against North Carolina Gov. Roy Cooper’s directive to hold church services outside during the coronavirus pandemic.
On May 16, U.S. District Judge James Dever granted the temporary restraining order requested by Berean Baptist Church, People’s Baptist Church and others, finding they have shown a likelihood of success as the case proceeds.
“The record, at this admittedly early stage of the case, reveals that the Governor appears to trust citizens to perform non-religious activities indoors (such as shopping or working or selling merchandise) but does not trust them to do the same when they worship together indoors,” Dever wrote.
Cooper’s Executive Order 138 required all worship services involving more than 10 people be held outdoors unless impossible. The plaintiffs challenged, claiming the order violated the Free Exercise Clause of the First Amendment.
The order allowed plenty of non-religious gatherings indoor with more than 10 people.
The plaintiffs will now proceed in their quest for a permanent injunction unless an agreement is reached with Gov. Cooper. A hearing is scheduled for May 29.
“Lives are at risk, particularly among the elderly and those with pre-existing conditions…” Dever wrote.
“But the instinct for self-survival is strong. The court trusts worshipers and their leaders to look after one another and society while exercising their free exercise rights just as they and their fellow citizens (whether religious or not) do when engaged in non-religious activities.”