A legal group has filed a lawsuit against the state of Oregon over a COVID-19 order which prohibits meetings at churches with 26 attendees.
The Alliance Defending Freedom says that it is also looking at putting a motion to temporarily restrain enforcement of the order pending the outcome of the lawsuit.
Under the order, pastors can be penalised with a fine of over $1,000 and jailed for up to a month.
The ADF says this is a double standard as the same number of people and more can eat in a restaurant without penalty.
“While responding to crises can be difficult, this case is not,” said ADF spokesman Caleb Dalton.
“There is no legitimate justification for banning church services of 26 or more—with responsible social distancing and health and safety protocols—while allowing malls, gyms, restaurants, and retail establishments to fill to social-distancing capacity.”
The church plans to adopt a number of health and safety measures when it re-opens to mitigate risk of the spread of the coronavirus.
“Singling out churches for special punishment while allowing others to have greater freedom not only makes no logical sense, it’s clearly unconstitutional, just as others have warned the governor,” said ADF Senior Counsel Ryan Tucker.
“Gov. Brown has had plenty of opportunity to correct the obvious constitutional problem with issuing a church-specific ban and has chosen not to.
“We support authorities’ efforts to prioritize the public’s health and safety, but people of faith should be free to assemble if other groups are free to assemble.”