Do governors have the authority to close churches during the COVID-19 pandemic?
In the COVID-19 pandemic, governors across the U.S. have ordered restrictions on public gatherings, including at religious institutions. State and federal courts have ruled that in an emergency, governors have the authority to take necessary steps to ensure the safety of citizens. Courts note that religious institutions are not singled out or closed expressly because their functions are religious, but because worship services, like large meetings or sports events, create increased risk of disease transmission.
The U.S. Supreme Court reaffirmed this stance on May 29, upholding California's restrictions. The majority opinion by Chief Justice John Roberts noted that the state "exempts or treats more leniently only dissimilar activities...in which people neither congregate in large groups nor remain in close proximity for extended periods."
