Freedom to worship? Pritzker adds ‘free exercise of religion’ as ‘essential’ activity in new order — but not large gatherings

The extended executive order contains a key change under permitted examples of leaving the home for “essential activities” during the coronavirus pandemic. But any religious gatherings are limited to ten people.

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Half of the pews were closed to congregants as services resumed at the Cathedral of St. Helena in Helena, Mont., Sunday, April 26, 2020.

Half of the pews were closed to congregants as services resumed at the Cathedral of St. Helena in Helena, Mont., Sunday, April 26, 2020.

Matt Volz/AP file

On the same day that Gov. J.B. Pritzker was sued in federal court by a church over the rights of its 80 members to gather, the Democratic governor on Thursday issued an extended stay-at-home executive order that included new language about the “free exercise of religion.”

The extended executive order filed Thursday evening contains a key change under permitted examples of leaving the home for “essential activities” during the coronavirus pandemic.

But any religious gatherings are limited to ten people, much smaller than the worship services to which most Chicago area residents are accustomed.

The new extended order says leaving home is allowed “to engage in the free exercise of religion, provided that such exercise must comply with Social Distancing Requirements and the limit on gatherings of more than 10 people in keeping with CDC guidelines for the protection of public health.”

“Religious organizations and houses of worship are encouraged to use online or drive-in services to protect the health and safety of their congregants,” according to the order.

Gov. J.B. Pritzker at a daily briefing in March 2020.

Gov. J.B. Pritzker at a daily briefing last month.

Tyler LaRiviere/Sun-Times file

Current CDC guidelines to stem the spread of COVID-19 prohibit gatherings of more than 10 people. But for those who “must leave their home, practice social distancing by maintaining 6 feet of distance from others and avoiding all gatherings.” It’s also recommended to wear a face covering when social distancing measure are “difficult to maintain.”

So Pritzker’s new extended order appears to allow Illinois residents — in groups of 10 and under — to gather to worship or meet with their religious leaders as long as they wear face coverings and remain at least six feet apart.

Other permitted reasons to leave the house include for health and safety, for necessary supplies, for outdoor activity, for certain types of work and to take care of others.

Pritzker spokeswoman Jordan Abudayyeh said the language was added to “clarify” that places of worship can meet if they follow social distancing and CDC guidelines.

Earlier on Thursday, Pritzker responded to the suit filed on behalf of a church in the northwestern Illinois town of Lena by asking faith leaders to “put the health and safety of their congregants first.” He added, “Everybody has the right to sue.”

Churches were not technically closed by the previous stay-at-home orders, but they were prohibited from holding large gatherings, per CDC guidelines.

“All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes permitted by this Executive Order,” the March 20 order said. An April 1 stay-at-home extension employed the same language.

Still, the lawsuit filed by the Thomas More Society on behalf of The Beloved Church of Lena and its pastor, Stephen Cassell, alleges that the Stephenson County health department delivered a cease-and-desist notice to Cassell on March 31.

The complaint says the church intends to “reopen and hold public worship services this Sunday.” It goes on to say church leaders “fear arrest and prosecution if they do so, without immediate relief from this court.” Because about 80 people attend Sunday services at the church, according to the lawsuit, the service could be held in violation of Pritzker’s stay-at-home order.

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