> Illinois governor says churches may not reopen for a year or more because of coronavirus
AG Barr please call your office.
-SB
A test case is already in the courts challenging JB “Jelly Belly” Prickster’s order. The church lost the first round when some liberal judge refused to block the order banning them from holding church with <10 people present. So they are now appealing and it sounds to me like they have a very strong case:
“Governor Pritzker’s arbitrary 10-person limit applies only to churches but not to the many other businesses open in Illinois today, from liquor stores to lawyers to pet groomers,” Peter Breen, vice president and senior counsel for the Thomas More Society, which represents the church, said in a statement late Monday.
All that needs to happen is for more oppressed people to stand up and say “no more”. Legal experts seem to agree that governor’s emergency powers cannot trump the bill of rights without extremely good reason and not for extended periods of time. If we fight, we will win.
In regards 18USC242, the State has an inherent right to regulate all /businesses/ within its borders. What it does not have a right to regulate is an individual's enumerated Constitutional rights.
The question now becomes, can the State regulate the Church who has been incorporated under the States laws? Short answer is yes. Since the local church has entered the game, it must play by the rules.
The incorporated congregation can't do anything. It comes down to the individual members to have their (several) enumerated rights infringed upon by authorities for coming together for worship.
The incorporated church (local congregation) is not allowed to notify or advertise any such public worship. They would be found in violation of the orders at the moment they begin worship.
The individual members, though, ARE NOT enjoined from free exercise of their religion and may meet on the private property of the physical church under their own ad hoc standards. The pastor/priest/minister, being a member of the congregation, is likewise NOT enjoined from attending or leading such a gathering.
Members who are infringed upon must understand their rights and the application of 18USC242. An immediate call to the DOJ District reporting a federal felony in progress is within purview of the individuals.
Again, this must rest on the individuals who are being infringed since the local incorporated church can be seen as a quasi-regulated entity.
YMMV