Katherine Webster  |  November 18, 2020

Category: Covid-19

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Pastors regarding the church leaders filing legal action over the worship service ban

More than 100 church leaders in the U.K. are taking legal action after the government’s decision to ban worship services in light of the coronavirus pandemic.

Advocacy group Christian Concern announced the move in a 14 Nov. press release.

According to the group, 122 leaders from varying faith traditions are taking legal action against the secretary of state for health and social care and the Welsh Assembly, alleging that the ban on church worship services is unlawful.

The Church Service Ban

England’s ban on church worship services is in place until early December, according to The Guardian.

Places of worship are closed, and exceptions to the ban are being made only for funerals, individual prayer time, formal childcare and other specific activities.

Gathering for worship or collective prayer is not allowed, according to the BBC.

Wales’ three-week circuit-breaker lockdown ended on 9 Nov., but could return in 2021, according to Christian Concern.

Church Leaders File Legal Claim

The 122 church leaders bringing the legal claim are seeking permission for a judicial review of the ban, arguing the government’s restrictions on worship violate Article 9 rights for Christians to freely “manifest their religion or beliefs in communal worship, teaching, practice and observance,” Christian Concern says.

In their claim, the church leaders say the current regulations “represent a continuing and serious interference with the religious freedoms of the Claimants and their congregations.”

According to the claim, the government has failed to determine how much leaving places of worship open would actually contribute to the spread of COVID-19.

The church leaders claim the government put these regulations in place outside of the parameters of the Public Health 1984 Act, which has long been held as important.

The church leaders also argue the government has “privileged the use of religious premises for secular purposes whilst prohibiting their use for religious purposes,” which is the whole reason for their existence, according to Christian Concern. 

“This shows that this ban on collective worship is manifestly unreasonable,” Christian Concern said in its press release.

The church leaders maintain the coronavirus restrictions on church services effectively “criminalised public communal worship,” which they say is a “core aspect of religious life.”

A Letter to Prime Minister Boris Johnson

According to Christianity Daily, most church leaders in England recognize the seriousness of the COVID-19 situation.

Bishop Michael Nazir-Ali, a former Church of England bishop is aware of the need to keep people safe, but questions the way restrictions are being enforced, Christianity Daily reported. And others share that sentiment.

Court documents reveal the legal filing is not the first attempt to be made by church leaders to end the restrictions.Church worship service regarding the legal action filed over the worship ban

In a Church of England letter to Prime Minister Boris Johnson earlier this month, several faith leaders point out the churches have worked closely with ministers during the pandemic.

“We understand entirely that the country faces significant challenges and the reasons behind the Government’s decision to bring in new measures,” the letter said. “But we strongly disagree with the decision to suspend public worship during this time.”

The letter argues that churches serve as a source of support and hope, things it says are essential during the current public health crisis.

Real-World Effects

While exceptions are made for funerals, baptisms are not allowed.

Police stopped a baptism service in Islington after about 30 people gathered at a church, the BBC reported.

The church’s lead pastor, Regan King, defended the decision to conduct the service, maintaining it was for “the greater good,” he reportedly told the BBC.

According to the pastor, he was providing “an essential service.”

“We were told not to have a baptism and police began to block people from entering the church, so we decided to make other arrangements,” King told the BBC.

A short service continued in the church’s courtyard after police stopped the indoor service; four officers stayed at the entrance to stop anyone from entering.

Similar Restrictions Exist Elsewhere

Other governments are facing similar legal challenges when it comes to restrictions on church worship services

A Washington, D.C., Evangelical church took legal action against the city in September for the ongoing COVID-19 restrictions that had been placed on worship services. 

Capitol Hill Baptist Church claims the mayor’s restrictions are violations of First and Fifth amendment rights. 

The church’s lawsuit alleges there has been “selective enforcement” of the rules against large gatherings since March. Church members say the worship-service ban remains in effect despite other, similar gatherings being allowed to go on.

Likewise, a California church has sued the state’s governor over the right to hold worship services during the pandemic, saying the ban on indoor worship is unconstitutional.

Do you think indoor worship services should be allowed during the pandemic? Tell us your thoughts in the comments below.

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