Editor's note: This article has been revised from a previous version to reflect the decision late in the day Thursday, April 30, by Illinois Gov. JB Pritzker to amend his stay at home order to designate "free exercise of religion" as an "essential" activity, subject to certain gathering size restrictions.
A Christian church in northwestern Illinois is pledging to continue with their lawsuit challenging the authority of Illinois Gov. JB Pritzker to rule by executive order amid the COVID-19 pandemic, despite Pritzker's move late in the day on April 30 to alter the language in his stay at home order to allow for loosening of some restrictions on religious gatherings across the state.
The revised order from the governor would specifically allow so-called "drive-in" religious services, as well as allowing groups of no more than 10 people to gather for religious purposes.
“Today, people of faith in Illinois stood up and secured a win for their first liberty: the free exercise of religion,” said Peter Breen, an attorney for the church, in a prepared statement. “Calling religious freedom ‘non-essential’ was an insult to people of faith, but today we succeeded in returning this fundamental right to the ‘essential’ list. We can now celebrate the fact that the ban on religious services in Illinois has been lifted – every church and pastor in the Land of Lincoln can bring their flock together at least for drive-in services or small gatherings, as appropriate.
"This is a welcome waypoint on the road to that day when our churches are full again.”
On April 30, The Beloved Church, an evangelical Christian church in Lena, in Stephenson County, and the church’s pastor Stephen Cassell, filed suit in federal court in Rockford, asserting Pritzker’s orders have discriminated against people of faith by ordering churches and other houses of worship closed, while allowing other “essential” institutions and businesses to remain open.
Named defendants include Pritzker, Stephenson County Sheriff David Snyders, Lena Police Chief Steve Schaible and Stephenson County Public Health Administrator Craig Beintema.
The lawsuit had taken aim at Pritzker’s executive orders barring large gatherings and his stay at home order, all of which were issued in mid-March.
The church asserted the governor’s actions “demonstrate an illegal and discriminatory hostility to religious practice, churches, and people of faith.”
The lawsuit said the governor’s orders violate “the fundamental religious liberties of Illinoisans, in violation of the First Amendment’s Free Exercise clause and parallel provisions of the Illinois Constitution and statute.”
The lawsuit specifically notes Pritzker has closed churches and houses of worship, while at the same time allowing a host of other businesses deemed “essential” to remain open and serve as public gathering spots amid the duration of the statewide stay at home order. These, they noted, include big box retail stores like Menards and Walmart, as well as liquor stores.
“Plaintiffs believe that, in these dark times, Illinoisans need the Spirit of Almighty God, but Pritzker’s orders have left them to settle for the lesser spirits dispensed out of the state’s liquor stores,” the church writes in its complaint.
“The churches and pastors of Illinois are no less ‘essential’ than its liquor stores to the health and well-being of its residents. Defendants have thus intentionally denigrated Illinois’ churches and pastors and people of faith by relegating them to second-class citizenship.”
Despite several legal actions challenging his authority, Pritzker signed an executive order extending the statewide stay at home order until May 30. However, in the version released late in the day Thursday, April 30, language had been added to the order now specifically designating religious exercise as an "essential" activity for the first time since the governor began issuing COVID-related executive orders in March.
The new executive order now would allow Illinois residents to gather in groups of no more than 10 to practice their faith, so long as they maintained recommended "social distancing" guidelines. The order specifically encourages the use of "drive-in" religious services, as well as online services.
The Beloved Church's attorneys chalked the abrupt change to the pressure applied to Pritzker by their lawsuit.
The lawsuit asserts the governor’s orders already rest on “shaky legal foundations.”
The lawsuit cites a legal memorandum authored by the chief deputy director of the Illinois Appellate Prosecutor’s Office, which casts “substantial doubt on the constitutionality of numerous provisions of Pritzker’s executive orders.”
Further, they cited the decision by Clay County Judge Michael McHaney, who also determined Pritzker’s legal authority to issue the orders was not as solid as the governor has maintained. Judge McHaney on Monday had issued a temporary restraining order, blocking enforcement of the executive orders against State Rep. Darren Bailey (R-Xenia), who had filed suit last week to challenge the governor’s orders.
Bailey’s lawsuit has since been followed by a lawsuit from State Rep. John Cabello (R-Machesney Park), who has requested a similar restraining order be issued against Pritzker on behalf of the entire state of Illinois.
Pritzker has appealed Judge McHaney’s decision to the Illinois Supreme Court, arguing the law gives him the authority to exercise broad emergency powers, and shutdown the entire state, for as long as he believes an emergency situation exists, provided he makes “periodic determinations” every 30 days.
The plaintiffs have asserted the law limits him to a 30-day emergency declaration. After that, they argue, Pritzker must secure approval for a longer emergency period from the Illinois General Assembly.
The General Assembly has not convened since Pritzker declared a statewide emergency in early March in response to the COVID-19 outbreak, nor have the Democratic legislative leaders indicated any willingness to convene the legislature in session, despite the rising challenges to the governor’s authority.
“Despite the deep statewide concerns about the shaky legal foundations of his orders, Pritzker has not yielded to those concerns, but instead doubled down, announcing he will extend his orders to the end of May and beyond,” the church wrote in its lawsuit.
They said they intend to hold services on Sunday, May 3, but are concerned about “arrest and prosecution” under Pritzker’s orders. They are seeking a court order to prevent such police action against them.
The lawsuit notes the church was closed at the end of March by local police and the Stephenson County Sheriff’s Office, which issued a cease and desist notice, announcing the church was “required to adhere” to Pritzker’s orders.
“Plaintiffs contend the notion of regulating churches as ‘businesses’ is already insulting – going further and declaring churches to then be ‘non-essential businesses’ reeks of rank bigotry,” the complaint said. “Without relief from this Court, the churches of this State will remain shuttered for an indefinite future, subject to the unchallenged, unexplained and unreasonable whim of one man: Defendant Pritzker.”
The lawsuit asserts Pritzker’s orders violate their rights under the U.S. and Illinois constitutions to exercise their religion, to speak freely and to assemble; violates their rights to due process and equal protection and violates the Illinois Religious Freedom Restoration Act.
They are seeking court orders declaring Pritzker has no authority to enforce his executive orders beyond the 30 days spelled out in the Illinois Emergency Management Act and no authority to “quarantine or isolate Illinois residents or order shutdowns of Illinois churches,” particularly without giving Illinois residents and churches the right of due process under state law.
The church and Cassell are represented in the action by attorneys Peter Breen, Martin Whittaker and Thomas Brechja, of The Thomas More Society, of Chicago.