Can churches meet indoors? NC governor’s order prompts confusion, clarification

Citing confusion over what the word “impossible” means, Republican legislators and a group of sheriffs have asked Gov. Roy Cooper to clarify his latest order on holding church services amid coronavirus — even as Cooper offered a new explanation for the rule.

The Democratic governor’s executive order calling for the state to ease stay-at-home restrictions, which he calls “Phase One,” allows churches to hold socially distanced services . But it says they “shall take place outdoors unless impossible.”

A group of 18 Republican state senators asked Cooper in a letter Monday to explain what that means — what circumstances would make an indoor church service legal?

“Is a worship service impossible in the event of severe weather, light rain, strong wind, heat or cold?” they wrote. “Is it impossible if a particular church lacks access to a suitable outdoor space to conduct a worship service for its congregation?”

Cooper’s legislative liason, Lee Lilley, responded late Monday with a document detailing how churches can operate under the order.

It says indoor church services are allowed as long as 10 or fewer people are in attendance, and it suggests churches might offer multiple services to follow that requirement.

But it says that limit doesn’t apply “in situations where it is not possible to conduct worship services outdoors or through other accommodations. For example, there may be situations in which particular religious beliefs dictate that some or all of a religious service must be held indoors and that more than ten persons must be in attendance.” In those instance, the governor’s guidelines call for social distancing practices.

Cooper explained during his Tuesday news conference that there’s a “big difference” between groups at retail stores and groups indoors for church. “We know that inside, it is much more likely than you’re going to transmit this virus, particularly when you’re sitting or standing in one place for a long time,” he said, adding that “I miss in-person church services very much myself.”

Legislators weren’t the only ones confused by the original executive order’s “impossible” language. Church pastors in Gaston County, according to recent media reports, said they received conflicting guidance from the county attorney and other officials there.

Last week, the N.C. Sheriff’s Association sent Cooper a resolution calling for new, more specific guidelines for indoor church services. The resolution — first reported by the North State Journal — said the current order causes confusion and “creates interpretation and enforcement issues for law enforcement.”

The sheriffs’ group asks Cooper to amend the order to allow indoor services “if they adhere to similar requirements that allow for the operation of retail businesses.”

House Speaker Tim Moore made a similar request on Twitter on Monday. “Our 1st Amendment freedoms deserve more protection from government infringement, not less,” he tweeted.

Rep. Keith Kidwell, R-Beaufort, said he’s working with a group of pastors to sue over the order, and he plans a Thursday press conference.

After Cooper’s office issued the clarification, Eddie Caldwell of the Sheriffs’ Association wrote to sheriffs that “hopefully, this additional guidance on behalf of the governor will resolve the concerns that have been raised by citizens and religious leaders across the state.”

But the Senate Republicans who wrote to Cooper indicated in a news release Tuesday that they’re unsatisfied with the new guidance.

“By order of the state, an unspecified religious service may operate at full capacity if that religion’s rules require indoor meetings of more than 10 people in the same room, which means the state is deciding which religions may worship freely and which may not,” said the news release from Sens. Kathy Harrington and Carl Ford.

“Gov. Cooper’s absurd state order is unconstitutional on two grounds: it treats churches differently than commercial establishments, and it treats some religions differently than others.”

This story was originally published May 12, 2020 at 3:25 PM.