Department of Justice Files Statement Supporting Chincoteague Church in Lawsuit

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By Carol Vaughn —

The United States Department of Justice filed a statement of interest in federal court Sunday in support of a Chincoteague church whose pastor was charged with violating a state ban on gatherings of more than 10 people.
Gov. Ralph Northam, in response to the coronavirus pandemic, issued executive orders banning gatherings of more than 10 people, with violation carrying a penalty of up to one year in jail and a $2,500 fine.
Pastor Kevin Wilson was charged by Chincoteague police after Lighthouse Fellowship Church held a service on April 5 with 16 people present.
The church last week filed a complaint against Northam in U. S. District Court in Norfolk.
In the 50-page complaint, the church asked for a temporary restraining order and a permanent injunction to stop enforcement against the church of the executive orders.
The church is represented by attorneys from Liberty Counsel, an Orlando, Fla. group.
The court Friday denied the church’s request for preliminary relief, according to a press release from the Department of Justice.
“The United States respectfully suggests that the Court erred in its Memorandum Opinion and Order of May 1, 2020, ECF 16, denying Lighthouse’s Emergency Motion for a Temporary Restraining Order and Preliminary Injunction,” the statement reads in part.
The statement goes on to say the court denied the motion “without a hearing, without any briefing from the Commonwealth and without Lighthouse having the opportunity to reply to any justifications offered.”
“The United States has a substantial interest in the preservation of its citizens’ fundamental right to the free exercise of religion, expressly protected by the First Amendment,” the statement also says, in part.
The Justice Department’s statement is part of Attorney General William P. Barr’s initiative directing subordinates to ensure protection of civil liberties during the pandemic.
Barr in an April 27 memo directed Eric Dreiband, Assistant Attorney General for Civil Rights, and Matthew Schneider, U. S. Attorney for the Eastern District of Michigan, to “be on the lookout for state and local directives that could be violating the constitutional rights and civil liberties of individual citizens.”
The statement says the Lighthouse Fellowship case “raises issues of national public importance regarding the interplay between the government’s compelling interest in protecting public health and safety from COVID-19 and citizens’ fundamental right to the free exercise of religion.”
“For many people of faith, exercising religion is essential, especially during a crisis,” said Eric Dreiband, Assistant Attorney General for the Civil Rights Division of the Department of Justice, in the release.
“The Commonwealth of Virginia has offered no good reason for refusing to trust congregants who promise to use care in worship in the same way it trusts accountants, lawyers, and other workers to do the same. The U.S. Department of Justice will continue to monitor any infringement of the Constitution and other civil liberties, and we will take additional appropriate action if and when necessary,” Dreiband said.
Rita Davis, counsel to Gov. Northam, said Monday the church has filed an appeal.
The Department of Justice statement, “while not questioning the governor’s underlying authority…does suggest to the court that the emergency executive actions create some sort of disparity between religious institutions and secular businesses,” she said.
“While the administration applauds and encourages the Department of Justice for standing up for Virginians’ civil liberties, we continue to believe that the governor’s authority was both prudent, necessary, and Constitutional, and we look forward to the Fourth Circuit affirming,” Davis said.

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