One of the cruel ironies of the Covid-19 pandemic is that, in this time of grief and despair, when churches are needed most, they are perhaps the single most dangerous place to be. Being seated close together indoors for a prolonged period of time, taking communion, passing the collection plate, and singing—which has been shown to expel virus-carrying droplets into the air—are all risk factors for coronavirus. To bring the infection rate under control, states across the country have imposed restrictions on houses of worship, but is this constitutional? And is it right?
The danger is very real. "More than 650 coronavirus cases have been linked to nearly 40 churches and religious events across the United States since the beginning of the pandemic," according to The New York Tmes,[1] including "a Pentecostal church in northeastern Oregon tied to at least 236 positive tests, five flareups linked to churches in West Virginia, the largest one resulting in 51 infections," and "more than 50 cases stemming from an evangelical church outside San Antonio where the pastor allowed hugging again." All of these occurred just last month.[2]
States are imposing restrictions on religious services as churches are allowed to reopen their doors. Here in Virginia, Governor Northam issued an executive order prohibiting in-person religious services with more than 10 people. Pastor Kevin Wilson of the Lighthouse Fellowship Church of Chincoteague was issued a criminal citation for holding a Palm Sunday service with 16 people in attendance.[3] He faced a potential $2,500 fine and up to a year in jail for violating an executive order. Although the charge has since been dropped,[4] the church is suing Northam, whose order "impermissibly interfered with the church's free exercise of religion," according to a Justice Department statement in support of the pastor's case.[5]
”Even in the midst of a national emergency, every American enjoys our cherished liberties, including the freedom of religion," said a typically platitudinous Vice President Pence on the matter.[3]
The Supreme Court, however, has upheld similar restrictions on religious services in California.[6] There, Governor Newsom has since required churches to "discontinue singing, chanting, and other practices and performances where there is an increased likelihood for transmission from contaminated exhaled droplets."[7] Pastor Jim Clark of the Crossroads Community Church in Yuba City, however, says he will defy the ban. “We’ll be singing and praising the Lord, that’s part of the worship, we think it’s guaranteed by our Constitution,” he said.[8]
I understand the state's public health interest in preventing the spread of coronavirus. I also acknowledge that some church practices, especially singing, pose an "increased likelihood of transmission." Indeed, a detailed study of a single choir practice in Washington found that one singer spread coronavirus to 53 others, two of whom died.[9] For this reason, I support limits on the size of congregations, as Virginia and California have done, and requiring sanitation procedures, social distancing, and the wearing of masks. But at the same time, I can't help but feel that a ban on singing in church is unconscionable.
As of mid-May, the Centers for Disease Control's guidelines urged houses of worship to "consider suspending or at least decreasing use of choir/musical ensembles and congregant singing, chanting, or reciting during services or other programming," although these guidelines have since been removed altogether,[10] (no doubt under political pressure from Vice President Pence, who leads the White House's coronavirus task force). But Governor Newsom has gone beyond these voluntary guidelines with his ban on singing altogether. I balk at this.
You may find it strange that I, an atheist, am sympathetic to singing in church at a time like this. Although I can count on one hand the number of times I've set foot in a church, I respect that religion is an indispensable part of many people's lives and that churches, mosques, temples, and synagogues are places of refuge for millions of Americans. And with 143,000 of us dead as of this writing, 12 million newly-unemployed, and up to 28 million facing the threat of eviction and homelessness,[11] I sense that many Americans need those feelings of comfort and community that only their church can provide to them. Public health is important, but spiritual health is important too.[12]
And Pastor Clark could be right that Newsom's ban may be unconstitutional. In upholding California's earlier restrictions on religious services, the Supreme Court ruled that such restrictions do not violate the Free Exercise Clause as long as they're not targeted specifically at religious services, but broadly to any activity "where large groups of people gather in close proximity for extended periods of time."[6] But it is hard to see how the wording of Newsom's singing ban is not targeted specifically at religious services, especially considering the Governor’s fulsome endorsement of Black Lives Matter protests in June, where social distancing and mask-wearing were not enforced.[13]
“Despite the ongoing and even increasing restrictions on the protected First Amendment rights to freely assemble and engage in religious exercise as it relates to places of worship, Newsom has been unwavering in his support of massive protests in California,” said a legal challenge filed last week on behalf of three churches in Northern California.[14] Like Newsom, I supported the protests, but I feel it would be hypocritical of me to condone thousands of protesters chanting slogans together in close quarters and, at the same time, tell church-goers that they’re not allowed to sing.
Although I'm of two minds about this, at the end of the day my views are informed by science, and if the scientific wisdom is that church services are a danger to the public, then I say close the churches altogether, just as sports and concert venues have been closed. But if they are allowed to open, then let them sing.
[1] https://www.nytimes.com/2020/07/08/us/coronavirus-churches-outbreaks.html
[2] https://www.usatoday.com/story/news/health/2020/07/18/covid-churches-outbreaks-some-houses-worship/5453851002/
[3] https://apnews.com/e8e3e00f7017adef8eee9a8a68127a87
[4] https://www.foxnews.com/us/virginia-church-pastor-coronavirus-order
[5] https://www.justice.gov/opa/pr/department-justice-files-statement-interest-support-church-ministers-underserved-communities
[6] https://www.npr.org/sections/coronavirus-live-updates/2020/05/30/866097231/supreme-court-rejects-churchs-challenge-of-california-s-coronavirus-rules
[7] https://files.covid19.ca.gov/pdf/guidance-places-of-worship.pdf
[8] https://www.kcra.com/article/california-pastor-covid-19-church-singing-ban-infringes-on-religious-rights/33146995
[9] https://www.cnn.com/2020/05/13/us/coronavirus-washington-choir-outbreak-trnd/index.html
[10] https://coronavirus.medium.com/church-and-coronavirus-is-a-dangerous-combination-39d98170f4a2
[11] https://www.cnbc.com/2020/07/10/looming-evictions-may-soon-make-28-million-homeless-expert-says.html
[12] https://www.samhsa.gov/sites/default/files/programs_campaigns/wellness_initiative/spirituality-fact-sheet.pdf
[13] https://www.sfgate.com/politics/article/Gavin-Newsom-protests-coronavirus-July-Fourth-ask-15383112.php [14] https://thehill.com/regulation/court-battles/507667-california-churches-sue-governor-over-singing-ban