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Justice Department Backs D.C. Church In Lawsuit Over Mass Gatherings
OCT 2, 7:26 PM
Justice Department Backs D.C. Church In Lawsuit Over Mass Gatherings
Eliza Berkon https://twitter.com/eberkon
{snip}
The U.S. Department of Justice weighed in Friday on the lawsuit a D.C. church recently filed against the District, saying the city must permit outdoor worship “at least to the same extent” it allows other outdoor activity protected by the First Amendment.
In a lawsuit filed in late September, Capitol Hill Baptist Church argued that the District was violating its First and Fifth Amendment rights by refusing to allow the church’s entire congregation, which numbers roughly 850 people, to gather for worship. Under current Phase Two guidance, places of worship in D.C. may hold services of up to 100 people or 50% of their building capacity, whichever is fewer. On Friday, DOJ filed a statement of interest in the case, (a statement of interest essentially lays out the U.S. government’s interests in ongoing litigation), saying that both the Constitution and federal law mandate that the city permits the church’s request to worship outdoors.
“One of the most foundational rights protected by the Bill of Rights is the free exercise of religion,” acting U.S. Attorney for the District of Columbia Michael Sherwin said in a press release. “The Department of Justice is committed to upholding all the civil rights protected under the First Amendment, be it peaceable assembly in protest or practicing faith.”
Matthew Martens is lead counsel for the church in the lawsuit and has been a member for roughly a decade. He has also litigated several religious liberty cases throughout the country and recently wrote an editorial for the Washington Post on the “seemingly arbitrary lines” local governments are drawing regarding public safety during the pandemic. He welcomed the DOJ’s move.
“At the end of the day, we’re not asking for anything more than to be treated fairly, and we appreciate the Justice Department recognizing that both the Constitution and federal law require that the church be treated fairly,” Martens told DCist/WAMU.
{snip}
Justice Department Backs D.C. Church In Lawsuit Over Mass Gatherings
Eliza Berkon https://twitter.com/eberkon
{snip}
The U.S. Department of Justice weighed in Friday on the lawsuit a D.C. church recently filed against the District, saying the city must permit outdoor worship “at least to the same extent” it allows other outdoor activity protected by the First Amendment.
In a lawsuit filed in late September, Capitol Hill Baptist Church argued that the District was violating its First and Fifth Amendment rights by refusing to allow the church’s entire congregation, which numbers roughly 850 people, to gather for worship. Under current Phase Two guidance, places of worship in D.C. may hold services of up to 100 people or 50% of their building capacity, whichever is fewer. On Friday, DOJ filed a statement of interest in the case, (a statement of interest essentially lays out the U.S. government’s interests in ongoing litigation), saying that both the Constitution and federal law mandate that the city permits the church’s request to worship outdoors.
“One of the most foundational rights protected by the Bill of Rights is the free exercise of religion,” acting U.S. Attorney for the District of Columbia Michael Sherwin said in a press release. “The Department of Justice is committed to upholding all the civil rights protected under the First Amendment, be it peaceable assembly in protest or practicing faith.”
Matthew Martens is lead counsel for the church in the lawsuit and has been a member for roughly a decade. He has also litigated several religious liberty cases throughout the country and recently wrote an editorial for the Washington Post on the “seemingly arbitrary lines” local governments are drawing regarding public safety during the pandemic. He welcomed the DOJ’s move.
“At the end of the day, we’re not asking for anything more than to be treated fairly, and we appreciate the Justice Department recognizing that both the Constitution and federal law require that the church be treated fairly,” Martens told DCist/WAMU.
{snip}
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