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Source: Federal judge says \u2018There is no pandemic exception to the Constitution\u2019 \u2013 The North State Journal<\/a><\/em><\/p>\n RALEIGH \u2014 A federal judge\u00a0issued a temporary restraining order<\/a>\u00a0preventing the enforcement of Gov. Roy Cooper\u2019s executive orders that restrict church worship in North Carolina. A\u00a0group founded<\/a>\u00a0by pastors and churches sued Cooper over his executive orders alleging they violate the U.S. and N.C. constitutions.<\/p>\n U.S. District Court Judge James C. Dever heard arguments on Friday from a group of plaintiffs who challenged Cooper\u2019s authority to restrict religious activities. Saturday, the judge said the plaintiffs are \u201clikely to succeed on the merits of their Free Exercise claim concerning the assembly for religious worship provisions in Executive Order 138, that they will suffer irreparable harm absent a temporary restraining order, that the equities tip in their favor, and that a temporary restraining order is in the public interest.\u201d<\/p>\n The judge said unequivocally that \u201cThere is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First Amendment.\u201d<\/strong><\/p>\n Restore America\u00a0staged a rally Thursday<\/a>\u00a0in Raleigh that drew hundreds to the Legislative Building where they announced the filing of their lawsuit. The case was quickly heard the following day and less than 48 hours after announcing the suit, Restore America and the pastors who were also plaintiffs could claim an initial victory in the case.<\/p>\n In his ruling, Judge Dever said that the restrictions placed on religious groups \u201crepresent precisely the sort of \u2018subtle departures from neutrality\u201d that the Free Exercise Clause is designed to prevent.\u201d<\/p>\n Dever also scrutinized Cooper\u2019s statement that inside worship would only be allowed if outside services were \u201cimpossible\u201d and that county sheriff\u2019s and local police would enforce the provisions. \u201cA leader of a religious entity or a worshiper, under pain of criminal prosecution for a Class 2 misdemeanor, has to answer to a sheriff or other local law enforcement officer whether it is \u201dimpossible\u2019 to worship outside. Who could answer that question, \u2018Yes. It is impossible.\u2019?\u201d asked Dever. \u201cAfter all, in the overwhelming majority of cases, members of a religious entity would have gathered to worship from somewhere else.\u201d<\/p>\n The judge said there were \u201cglaring inconsistencies between the treatment of religious entities and individuals\u201d and that \u201cthe Governor\u2019s counsel conceded that there is no public health rationale for allowing 50 people to gather inside at a funeral, but to limit an indoor religious worship service to no more than 10 people.\u201d<\/p>\n Dever said he did not doubt that Gov. Cooper desired to protect North Carolinians and that it did not\u00a0\u201dmake a difference that faith-based bigotry did not motivate\u201d the governor\u2019s actions. \u201cThe Constitution makes the bar higher than that,\u201d said Dever. \u201cA law is not neutral and generally applicable unless there is neutrality between religion and non-religion.\u201d<\/p>\n The court said the case turns on whether the governor\u2019s orders amount to the \u201cleast restrictive means\u201d of accomplishing Cooper\u2019s goals. \u201cThey do not,\u201d said Dever.<\/p>\n In granting the temporary restraining order, Dever said losing First Amendment rights \u201cfor even minimal periods of time, unquestionably constitutes irreparable injury.\u201d<\/p>\n Dever\u2019s order concludes with advice to worshippers that they \u201cshould observe the Recommendations to Promote Social Distancing and Reduce Transmissions to the extent practicable.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":" Source: Federal judge says \u2018There is no pandemic exception to the Constitution\u2019 \u2013 The North State Journal North Carolina Gov. Roy Cooper listens to Dr. Mandy Cohen, Secretary of the North Carolina Department of Health and Human Services, during a press briefing on the COVID-19 virus on Thursday, April 30, 2020, at the Emergency Operations … Continue reading Federal judge says \u2018There is no pandemic exception to the Constitution\u2019 \u2013 The North State Journal<\/span>