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Federal Judge Overrules North Carolina Governor’s Restrictions On Worship
The Federalist ^ | May 18, 2020 | Tristan Justice

Posted on 05/18/2020 3:02:46 PM PDT by Kaslin

A federal judge overturned North Carolina Democratic Gov. Roy Cooper’s orders Saturday that sought to cap religious services at no more than 10 people while businesses and other organizations in the state were left to accommodate up to 50.

The double standard, District Court Judge James C. Dever ruled in the Eastern District of North Carolina, was an overt show of distrust among those gathering to worship and deemed the directive illegal, according to the News and Observer.

“The record, at this admittedly early stage of the case, reveals that the Governor appears to trust citizens to perform non-religious activities indoors (such as shopping or working or selling merchandise) but does not trust them to do the same when they worship together indoors,” the judge wrote.

A state hearing on whether the governor’s directive will become permanent is slated to take place on May 29, but the judge’s decision bars the governor from taking action against those congregating for religious services. Cooper said he had no plans to appeal the judge’s ruling, the News and Observer reported.

“The court trusts worshipers and their leaders to look after one another and society while exercising their free exercise rights just as they and their fellow citizens (whether religious or not) do when engaged in non-religious activities,” Dever said, but still recommended institutions to follow responsible public health guidelines for social distancing.

“We don’t want indoor meetings to become hotspots for the virus and our health experts continue to warn that large groups sitting together inside for long periods of time are much more likely to cause the spread of COVID-19,” said Cooper’s spokesperson Ford Porter in response to the judge’s ruling. “While our office disagrees with the decision, we will not appeal, but instead urge houses of worship and their leaders to voluntarily follow public health guidance to keep their members safe.”

The judge’s order emerged from a case involving two Baptist churches filing a lawsuit against the governor last week arguing that Cooper’s order violated their First Amendment rights to worship.

The case is just the latest in a string of others challenging state and local orders over draconian lockdowns in an effort to curb the spread of the novel Wuhan coronavirus.

In April, U.S. Attorney General William Barr instructed U.S. attorneys to be on the lookout state and local ordinances that are potentially violating citizens’ civil liberties.

“Millions of Americans across the nation have been ordered to stay in their homes, leaving only for essential and necessary reasons, while countless businesses and other gathering places have been ordered to close their doors indefinitely,” Barr wrote in a department memo. “These kinds of restrictions have been necessary in order to stop the spread of a deadly disease – but there is no denying that they have imposed tremendous burdens on the daily lives of all Americans.”

As the nation approached Easter in mid-April, lockdowns remained in full-force prompting some churches to adapt to drive-in services. One Kentucky mayor however, sought to prohibit his city from conducting safe worship by threatening those who participated with arrest and criminal penalties. Federal District Court Judge Justin Walker however, who has since been nominated to a seat on the U.S. District Court blocked Louisville Mayor Greg Fischer’s threats however, declaring them unconstitutional and “beyond all reason.”


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events; US: North Carolina
KEYWORDS: 1stamendment; church; classactionfodder; coronavirus; doj; dubyajudge; ednorthcarolina; firstamendment; freedomofassembly; freedomofrelgion; gregfischer; jamescdever; jamesdever; judiciary; justinwalker; kentucky; lockdowns; northcarolina; policestate; politicaljudiciary; reopen; roguelist; roycooper; shutdown; tyranny; williambarr
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To: Kaslin

“while businesses and other organizations in the state were left to accommodate up to 50.”

There were hundreds in Home Depot in my NC town this past weekend. They’ve stopped counting people and just opened the gates. I went in through the exit door. Felt like a rebel.


21 posted on 05/18/2020 5:52:21 PM PDT by Rebelbase (Democrat politicians prefer death)
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To: Hieronymus

I love living in the South, where heat is just not that much of a thing.

Anoreth has given up on the axe-throwing bar and is concentrating on getting straight As in a math major. Bill was laid off from the ad agency a couple of weeks ago, just as his apartment lease was up, so he bailed out of his hipster high-rise. He and his cat have moved in with Anoreth and her dog, improving everyone’s financial situation greatly.

It will be good for Anoreth: she was getting dotty all by herself on lockdown.


22 posted on 05/18/2020 5:53:19 PM PDT by Tax-chick (You can't buy happiness, but you can buy books! (Washington County, UT, Library))
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To: Tax-chick

LOL. Shazam!


23 posted on 05/18/2020 5:54:22 PM PDT by Rebelbase (Democrat politicians prefer death)
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To: ConservativeInPA

I will cling to the Old Rugged Cross !


24 posted on 05/18/2020 7:06:17 PM PDT by Notasoccermom
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To: Tax-chick

Tax Chick - you’re in NC, right? And you will be able to have 100 people next week? I thought ten was the maximum number allowed or 50 for a funeral.


25 posted on 05/18/2020 7:09:00 PM PDT by ladyjane
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To: ladyjane

Yes, my church is in Mecklenburg County. The governor’s order was just overturned.


26 posted on 05/19/2020 1:53:24 AM PDT by Tax-chick (You can't buy happiness, but you can buy books! (Washington County, UT, Library))
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To: Rebelbase

I deduced emotion from the CAPS, but beyond that, I was lost.

Phil is a highly-decorated Vietnam veteran who has survived several cancers, and Fabio was one of the founders of the Peruvian national television station.


27 posted on 05/19/2020 1:58:34 AM PDT by Tax-chick (You can't buy happiness, but you can buy books! (Washington County, UT, Library))
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To: Tax-chick

Did you see where North Carolina is being forced to clean up its dirty voter rolls. Mecklenburg County is one of the worst offenders. Isn’t that where 9 out of 9 Democratic city council members voted to dis-invite the RNC convention? Then - for some reason - they changed their minds.

https://www.judicialwatch.org/videos/judicial-watch-forces-states-to-clean-voter-rolls-including-northcarolina/


28 posted on 05/19/2020 9:53:28 AM PDT by ladyjane
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To: ladyjane

Looks like it’s a pending lawsuit, but I hope they succeed!


29 posted on 05/19/2020 10:09:02 AM PDT by Tax-chick (You can't buy happiness, but you can buy books! (Washington County, UT, Library))
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