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The petitions of two churches to override the closures in Illinois and California are before the Supreme Court. Arguments have been heard, and a decision could be pending.
The following is from “Illinois church becomes 2nd congregation to file emergency request,” Fox News, May 27, 2020:
An Illinois church has filed an emergency request with the Supreme Court, challenging Gov. Jay Pritzker’s closure of houses of worship during the coronavirus crisis a day after another congregation in California made a similar move.
The case will be handled by Justice Brett Kavanaugh, based on geography, and he has asked the opposing state officials to respond by Thursday evening, just as Justice Elena Kagan asked of the California church that filed an emergency request on Tuesday.
Elim Romanian Pentecostal Church and the Logos Baptist Ministries filed the emergency order citing precedent in a 1947 Supreme Court case “Everson v. Board of Education.” In that case, the Court wrote that “Neither a state nor the Federal Government can set up a church… Neither can force nor influence a person to go or remain away from a church against his will.” They argued that the church’s rights were being infringed upon under the Free Exercise and Establishment Clause of the First Amendment, and called for the case to be taken up before May 31, the Christian holiday of Pentecost.
The plaintiffs argue that the Illinois reopening plan imposes a “unique 10 person limit on religious worship services” that is not imposed on retail, liquor stores, restaurants, office buildings, etc. and other services which have been deemed “essential.”
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