New Arkansas Law Limits COVID Restrictions On Religious Organizations

Religion Clause ^ | 2/15/21 | Howard Friedman

[marshmallow]

On Feb. 9, Arkansas Act 94 (Religion Is Essential Act) (full text) was signed by Gov. Asa Hutchinson and immediately went into effect. The new law provides that the Governor nor the State Board of Health

shall not prohibit or limit a religious organization from continuing to operate or engage in religious services during a disaster emergency under this subchapter.

The law however does permit requiring:

religious organizations to comply with neutral health, safety, or occupancy requirements issued under state or federal law that are applicable to all organizations and businesses.

The law goes on to provide, however, that such requirements may not impose a substantial burden on a religious organization unless it is shown to be essential to further a compelling governmental interest and is the least restrictive means of doing so.

[BipolarBob]

recently, within a week, you can apply to have meetings for more than 100 people which until then the limit was 10. So Churchs with more than 100 people can apply for a release to have more than 100 people in their building. Of course, the Constitution, (remember that?) states the government shall make no rules infringing on religious beliefs (within reason according to SCOTUS). So, Asa is trying to look like the good guy here but he’s being term limited out next year and he’s looking for new places to land.