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New Mexico Judge Rules Against Church in Coronavirus Shutdown Case
Washington Examiner ^ | 4/17/20 | Nicholas Rowan

Posted on 04/20/2020 6:03:41 PM PDT by marshmallow

A New Mexico judge on Friday ruled that Gov. Michelle Lujan Grisham's stay-at-home order does not violate an Albuquerque church's First Amendment rights.

The church, First Legacy, sued after Lujan Grisham added churches to the state's list of nonessential activities in an emergency health order on the day before Easter, meaning that no more than five people can gather at a service. In the church's filing, it alleged that the order violated the First Amendment because the church needs more than five people to put on a service.

First Legacy asked for a temporary restraining order on Lujan Grisham's executive order, which the court also threw out.

At a Wednesday press conference, Lujan Grisham said that she had added churches to the list of nonessential services to guard against the possibility of large church gatherings.

"We did that because we had more than a handful of churches who were going to have Easter services, and knowing the risk that poses to all of our communities and our healthcare workers, we made that an explicit prohibition," she said.

Legacy held an in-person Easter Sunday service anyway, with about 30 people organizing it and about 60 people in attendance, spread out across three services, according to head pastor Steve Smotherman.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Current Events; Evangelical Christian; Religion & Politics
KEYWORDS: 10thcircuit; 1stamendment; church; dnewmexico; dubyajudge; jamesbrowning; jamesobrowning; judiciary; newmexico; politicaljudiciary; shutdown; smirkingchimpjudge; tenthcircuit; tyranny
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1 posted on 04/20/2020 6:03:41 PM PDT by marshmallow
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To: marshmallow

On to the court of appeals.

Hope the DOJ gets involved.


2 posted on 04/20/2020 6:05:22 PM PDT by Persevero (I am afraid propriety has been set at naught. - Jane Austen)
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To: marshmallow

Obviously, the 1st amendment does not mean what is written. It means what ever some judge says it means.


3 posted on 04/20/2020 6:09:23 PM PDT by JoSixChip (WuHoo flu is going to get you!)
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To: marshmallow

And if Trump had given the order...


4 posted on 04/20/2020 6:13:06 PM PDT by Skywise
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To: marshmallow

Didn’t the DOJ already rule on this? People need to go to jail for violating the Constitution.


5 posted on 04/20/2020 6:16:36 PM PDT by packrat35 (Pelosi is only on loan to the world from Satan. Hopefully he will soon want his baby killer back)
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To: marshmallow

Appeal.


6 posted on 04/20/2020 6:20:30 PM PDT by libertylover (Socialism will always look good to those who think they can get something for nothing.)
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To: marshmallow

.


7 posted on 04/20/2020 6:20:53 PM PDT by sauropod (Pelosi Galore: We know she's lying when we see her dentures flying. Have some cake, Peasant!)
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To: JoSixChip

This whole situation could get ugly, and really quick. There are just too many people who want to take away people’s rights and this pandemic is giving them their excuse to do just that.


8 posted on 04/20/2020 6:21:06 PM PDT by ducttape45 ("Righteousness exalteth a nation; but sin is a reproach to any people." Proverbs 14:34)
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To: Persevero

Just to show the priorities of the government, it is biased to violate your rights not to protect them.

5th circuit has aleady decided, on appeal ... the constitutional right to abortion trumps the virus.


9 posted on 04/20/2020 6:23:07 PM PDT by Cboldt
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To: marshmallow
Ramadan starts Thursday.

Looking forward to the parity.

10 posted on 04/20/2020 6:24:37 PM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: JoSixChip
-- Obviously, the 1st amendment does not mean what is written. --

No right means what is written. This fact is 100 years old.

11 posted on 04/20/2020 6:25:02 PM PDT by Cboldt
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To: marshmallow

It was like pulling teeth to out the anonymous Federal judge, James O. Browning, a Dubya appointee...


12 posted on 04/20/2020 6:32:48 PM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: marshmallow

Not even a federal judge?


13 posted on 04/20/2020 6:39:53 PM PDT by Captain Compassion (I'm just sayin')
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To: marshmallow

Since this Judge thinks home imprisonment does not impinge on rights, let him be imprisoned at home for 30 days. Then ask if he wants to change his mind.


14 posted on 04/20/2020 6:48:11 PM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: American in Israel

I prefer we give him the Oliver Cromwell treatment!!!


15 posted on 04/20/2020 6:52:53 PM PDT by DarthVader (Not by speeches & majority decisions will the great issues of the day be decided but by Blood & Iron)
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To: marshmallow

It’s the end of the world as we have known it. The Constitution, long suspected of being ineffective against abuse of natural Rights by governments, is now confirmed to be completely impotent. God help us, because the government will not.


16 posted on 04/20/2020 6:58:46 PM PDT by backwoods-engineer (Politics is the continuation of war by other means. --Clausewitz)
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To: Cboldt

That’s because abortions are essential but worshipping God is not. /s


17 posted on 04/20/2020 7:14:57 PM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: reg45

The moral imperative to guard human life is just the most obvious. In all things, the government is biased to violate your rights, not to protect them. If the government was biased to protect your rights there would be no need for a bill of rights.


18 posted on 04/20/2020 7:26:49 PM PDT by Cboldt
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To: marshmallow

First Legacy...is that the one with tithing at 29.99% APR?


19 posted on 04/20/2020 8:20:42 PM PDT by Buttons12 (Bad flu got you down? Take Anecdotal for fast relief!)
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To: marshmallow

One ungodly judge ruling the way he wants it to be instead of what the Constitution says it is.


20 posted on 04/20/2020 8:33:13 PM PDT by lakecumberlandvet (Appeasement never works.)
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