By Charlotte Smith
Sheriff’s from across the state of North Carolina have reported hearing from many religious leaders asking if they would be arrested for attending worship service, or if their worship service would be shut down under the Governor’s Executive Order No. 138. Bladen County Sheriff, Jim McVicker, confirmed he had received many inquires on the matter.
In April, Rev. David Foster confirmed law enforcement officers prevented an Easter Sunday drive-in church service at White Lake, NC, due to the Stay At Home Order. The church drive-in restrictions have been lifted at White Lake; however, many religious leaders in Bladen County continue to question validity on banning peaceful, faith-based gatherings based on Constitutional rights.
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government, according to Cornell Law School.
There have been many comments and social media posts about religious restrictions. Some talk about large gatherings at big box stores being allowed, but gatherings of more than 10 people for religious purposes are not allowed.
On May 8th, the N.C. Sheriffs Association passed a resolution and asked N.C. Governor Roy Cooper to amend executive order 138 to allow indoor worship services in response to the religious leaders’ concerns. In the first part of the Association’s resolution, it states, “Whereas, the sheriffs of North Carolina support our citizens and support and defend the constitutional right of all North Carolina citizens to practice their individual religion, peaceably assemble, and freely worship in their houses of worship and elsewhere, as provided for and protected by Constitution of the United States and the North Carolina Constitution…”
The resolution continues, …” many citizens have told sheriffs that they do not understand nor agree with the Governor’s limits on worship services that are more restrictive than the Governor’s limits on businesses and other allowable activities, and the wording of these more restrictive limitations creates the interpretation and enforcement issues for law enforcement…”
Sheriff McVicker said he supported the Association’s resolution wholeheartedly.
Since the Association presented the resolution, the organization has been in communication with Gov. Cooper’s office. Gov. Cooper’s staff replied recently to the Association referencing document EO 138 Phase One – Guidance for Religious Services and Mass Gathering Restrictions.
The document does not amend Executive Order number 138. It provides more details about the order.
Some local leaders are seeking legal guidance mentioning the United States District Court’s ruling in the Tabernacle Baptist Church, Inc.’s lawsuit against Kentucky, Governor, Andy Beshear.
U.S. District Judge Gregory F. Van Tatenhove issued a temporary restraining order on the K.Y. Governor’s ban on mass gatherings. The judge’s order prevented Gov. Beshear’s administration from enforcing the ban on mass gatherings at “any in-person religious service which adheres to applicable social distancing and hygiene guidelines.”
The judge explained the K.Y. Governor had “honest motives” for his mass gatherings restrictions. However, the judge said at his ruling; Gov. Beshear did not have “a compelling reason for using his authority to limit a citizen’s right to freely exercise something we value greatly — the right of every American to follow their conscience on matters related to religion.”
At the time of this report, BladenOnline.com staff has found no lawsuit on file against N.C. Governor, Roy Copper, for the restriction found in Executive Order 138, but the resolution shows cause for legal concern as outlined in the Associations resolution.
Gov. Cooper, has not publically addressed N.C. Sheriffs Association resolution listing the concerns of the religious leaders.
However, N.C. Lt. Governor Dan Forest, Candidate for Governor, tweeted today, “We would like to discuss, as a Council, provisions relating to restaurants, salons & barbershops, small entertainment businesses, church and worship services, and hospitals and health care…”
About Author
