Are COVID-19 Restrictions Upending the First Amendment?

As the COVID-19 pandemic continues and more restraints are placed on public assemblies and even church services, the question of our First Amendment rights has become a point of discussion and debate.

The First Amendment simply states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

For many Southern Baptists, the issue focuses on the establishment clause of the First Amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Some accept a governor’s executive orders as necessary (for promoting public health) and work to follow the directives. Others see any intrusion by the government into the church’s practice as a violation of the First Amendment.

California Gov. Gavin Newsom, according to Baptist Press, “issued an executive order on July 13 forbidding indoor worship in California.” California Baptists were not pleased with this directive, and El Cajon pastor and Southern Baptist Convention Executive Committee chairman Rolland Slade stated, “I get the public health order. I understand that, but we’re going to take care of our people. We are not going to put our flocks at risk.” He did plan to follow the governor’s orders.

By contrast, San Jose pastor Micaiah Irmler planned to defy the order. “We’re obeying Hebrews 13 (assembling together) and Acts 5 (obeying God rather than man). We obey the law as long as it doesn’t cross the line.”

South Carolina Gov. Henry McMaster has also issued executive orders restraining groups from gathering but stated that those orders do not apply to houses of worship. He said, “I cannot speak for other governors, but this governor is not going to intrude on the First Amendment.”

On July 10, the Southern Baptist Ethics & Religious Liberty Commission issued a statement encouraging churches to support and work with the government in its contact tracing efforts to help reduce the spread of the virus, while at the same time “receiving First Amendment protections as they cooperate.” One part of the full statement says, “Government officials should respect religious liberty and the freedom to associate and assemble at all times.”

Religious liberty is a valued and cherished principle strongly held by Southern Baptists. That dynamic will likely continue to be carefully observed by many Baptists during these days of pandemic crisis.