CLEVELAND, Ohio As one of the most important holidays of the Christian faith nears, states continue to take uneven approaches in determining whether places of worship can stay open during the coronavirus pandemic.
The concern remains high, as outbreaks of the virus have been tracked in several states to religious services, including a Pentecostal church in California where more than 70 people tested positive after attending religious gatherings.
While most states operate under some stay-at-home order, telling people to leave only for essential jobs and services, a few do not. But even such sweeping rules are not guarantees that state officials are telling people they cant go to their local church, synagogue, mosque, or other institution.
Several do. California, Illinois, Oregon and Vermont issued orders that do not exempt houses of worship from orders.
But many dont.
In Ohio, for example, Gov. Mike DeWines administration has put in place a sweeping stay-at-home order, punishable by a misdemeanor or a civil court action. However, it specifically carves out an exception for religious institutions and says they are exempt from rules banning gatherings of 10 people or more.
DeWine, a devout Catholic, has said he does not want to infringe on peoples First Amendment rights, and made similar statements during a televised news conference Thursday about a group of protesters gathered outside the Statehouse.
Instead, the Ohio governor has let stern cautionary warnings suffice, trying to caution people from gathering and for church leaders to do everything they can to allow congregations to worship from home.
Were not going to interfere with your First Amendment rights to practice your religion, DeWine said during a Wednesday news conference, in talking about the upcoming Easter holiday for most Christians and the start of Passover for people of the Jewish faith.
But I dont know any religion that teaches that you should do things that endanger, seriously endanger, other people. I dont know any religion that says that its just OK not to worry about your neighbor.
DeWine is not alone. Other governors have cited the First Amendment as a reason to not ban church gatherings, even while also dissuading them in public statements.
Some religious conservatives have also taken the same tact when it gives guidance to affiliated churches.
In Ohio, Citizens for Community Values President Aaron Baer said the organization has encouraged churches to broadcast their services online while also pushing DeWine not to explicitly disallow in-person religious services in any of his coronavirus-related orders.
Its better for people to act responsibility, Baer said. Some freedoms that are so vital to society and the core of who we are as Americans that we shouldnt have a government order violating that freedom.
At least in Ohio, leaders in many faiths have taken their services online or done them by phone. Most Catholic churches across the country, for example, have canceled in-person services for the foreseeable future.
Baer said he hasnt heard stories of churches meeting gathering for services in Ohio outside of Solid Rock Church outside of Cincinnati. The church, famous for what many refer to as its Touchdown Jesus statue visible off Interstate 75, has continued to hold services, attracting media attention in the region.
Government officials said that appears to be the outlier. A spokeswoman for the state Department of Health said she had not heard of issues surrounding in-person religious services.
In Cuyahoga County, Board of Health spokesman Kevin Brennan said this week that officials had not received any complaints about large religious gatherings, though had received one call from a church on precautions it could take should it decide to hold one.
Brennan said staff told them to make sure the facility was clean and that they practice social distancing measures.
DeWine, however, has noted that he has heard from mayors that there are stories still holding services. And in other states, services have caused the coronavirus to spread.
Aside from the Pentecostal church in California, a deacon of the First Assemblies of God Church told the Arkansas Democrat-Gazette in Little Rock that 34 people in attendance during a childrens event later tested positive for the virus.
Even with the First Amendment, some legal scholars say orders limiting mass gatherings that also include bans on in-person religious services may be able to pass muster with the court, as long as its not discriminating against a particular religion.
In other words, it might not be a problem if everyone is equally affected.
Its like fire codes, said Eric Segall, a law professor at Georgia State University. Who would exclude churches from fire code?
Segall, along with University of Texas Law Professor Sanford Levison, wrote a piece published Monday that argues that restrictions on large gatherings should apply to houses of worship, as they are not immune to the potential for an outbreak of the virus.
When religion and speech are implicated, we should be careful, but my understanding is its very dangerous to breathe and cough near each other, Segall said.
Cleveland.com has put together a list of restrictions. While most states are enforcing some sort of stay-at-home order, some are not, yet still may restrict large gatherings with churches included through other orders.
Alabama
Residents may leave their home for a religious worship service, wedding or funeral if the event involves 10 people or less and the people there remain at least six feet away from each other. They may also attend drive-in services, provided worshippers stay in their cars, and those in each car live with each other.
Alaska
A state order bars private and public gatherings of people who do not live together, and the order does not exclude worship services. However, the state made accommodations for live-streamed services, saying no groups larger than 10 are allowed for the broadcast. Those involved must stay at least six feet apart, and at least 10 feet apart if there is singing or projected voices.
It also created accommodations for drive-in services and groups who plan to assemble and distribute Easter baskets.
Arizona
Arizonas order says people may leave their homes to exercise their right to religion and free speech, provided the event gives ample opportunity for people to maintain a safe distance from each other to the extent feasible.
Arkansas
Places of worship can remain open in Arkansas, but staff must limit the number of people who can enter to worshippers who can stay at least six feet away from others. They must also provide hand sanitizer or soap and water near the entrance and other areas. Staff must also regularly disinfect surfaces that are frequently touched.
They also must post a sign at the entrance that tells everyone entering that they should avoid the place if they are ill, maintain a safe distance from others, sneeze and cough into ones elbow and not shake hands or make unnecessary physical contact.
California
The states stay-at-home order does not exclude places of worship.
Colorado
The state allows houses of worship to stay open but they are encouraged to do services online if at all possible, or to conduct smaller services of 10 people or less to adhere to social distancing requirements.
Connecticut
The state has a stay-at-home order but deems religious services as essential, provided places of worship adhere to a previous order limiting gatherings to 50 people or less.
Delaware
The state exempted houses of worship from orders closing businesses, provided they can adhere to social distancing and other guidelines.
Florida
The state lists attending religious services as an essential activity.
Georgia
The states order says that no businesses, non-profits or local government bodies should allow more than 10 people to be gathered in one place if it requires people to stand within six feet of anybody else. That includes houses of worship.
Hawaii
Places of worship holding services are not exempt from the states stay at home order.
Idaho
Religious institutions are not exempt from Idahos order. However, the state says churches can livestream as long as five or fewer people are involved in the broadcast, and they follow social distancing requirements. Drive-in church services are also allowed.
Illinois
Places of worship are not exempt from Illinois order.
Indiana
Religious gatherings are prohibited unless 10 or fewer people participate while social distancing and other sanitation measures are followed.
Iowa
The state doesnt have a stay-at-home order, but religious gatherings of 10 or more people are prohibited.
Kansas
Kansas Gov. Laura Kelly, a Democrat, issued an executive order Tuesday that said religious institutions must follow an order limiting public gatherings to 10 or fewer people. However, a council of members of the Republican-controlled legislature voted 5-2 to overturn the order the following day. The state attorney general, also a Republican, said it likely violates the state constitution, according to The Associated Press.
Kentucky
Mass gatherings are prohibited in Kentucky, and faith-based events are included in an order.
Louisiana
Gov. John Bel Edwards banned gatherings of 10 people or more in his stay-at-home order, but also said going to a place of worship is an essential activity. Effectively that limits large services at places of worship.
Maine
Maine does not exempt places of worship from its restrictive orders.
Maryland
Religious gatherings of more than 10 people are prohibited.
Massachusetts
The state bars gatherings of more than 10 people, and faith-based events are not exempt.
Michigan
Services held at places of worship are not subject to Gov. Gretchen Whitmers order that says violations of rules banning gatherings are criminal misdemeanors.
Minnesota
While the states stay-at-home order does not allow for people to worship outside their homes together, it says faith leaders and workers are essential and also includes people necessary to broadcast services online.
Mississippi
Religious entities and facilities may remain open, provided they adhere to state and federal guidelines to prevent the spread of the virus.
Gov. Tate Reeves emphasized that the state does not have the power to shut down a church or stop a service, but asked that churches not do it in-person, according to WHBQ-TV in Memphis.
Missouri
Missourians can go to their places of worship, provided that there are no more than 10 people there, and people are at least six feet apart.
Montana
Services at places of worship are not exempted from the states stay-at-home order.
Nebraska
The state does not have a stay-at-home order but encourages residents to do so. A directed health measure bans gatherings of more than 10 people, and houses of worship are included.
Nevada
Places of worship in Nevada cannot hold services in person where 10 or more people will attend. That includes drive-in services.
New Hampshire
Gov. Chris Sununu exempted houses of worship from closing, provided they can keep events to 10 or fewer people.
New Jersey
The states order says gatherings of individuals are canceled, which would presumably mean religious services. The order, however, also permits leaving the home for an educational, religious, or political reason.
New Mexico
While the southwestern states order bans mass gatherings of five or more people, it also exempts people from getting together in a church, synagogue, mosque, or other place of worship.
New York
In New York, non-essential gatherings of any size are banned, and that includes in-person services at houses of worship. Facilities may only be used by people when they can maintain proper social distancing, and the state encourages religious leaders to broadcast services electronically.
North Carolina
Religious entities are considered essential businesses, but they must adhere to the rules banning mass gatherings of more than 10 people in a single space.
North Dakota
North Dakota has not issued an order barring services at houses of worship.
Ohio
The states stay-at-home order, which also bans gatherings of 10 or more people, excludes religious institutions.
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As Easter nears, see which of the 50 states are banning religious gatherings in response to the coronavirus - cleveland.com
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