The constitutionality of Michigan Gov. Gretchen Whitmer’s emergency orders intended to curb the coronavirus outbreak is again being questioned in court.
At issue is whether public health concerns outweigh the right to religious assembly.
Churches, pastors, churchgoers and a former Republican delegate on Tuesday, May 6, sued Whitmer in federal court over claims the governor’s executive orders banning public gatherings violate constitutionally granted rights to free exercise of religion and freedom of assembly.
Whitmer’s May 1 executive order, in effect until May 15, said “neither a place of religious worship nor its owner” could be penalized or charged with a misdemeanor for “allowing religious worship at such place.” It also said “no individual would be subject” to penalties for not wearing a face mask, which is currently a legal requirement in confined public places, including grocery stores.
“Nothing in this provision applies to individuals attending a place or worship as clergy or congregants,” the lawsuit says. “A promise to not subject a geographic location or its ‘owner’ to the criminal penalty ... merely adorns the Constitution with a fig leaf and does not protect individuals or change the clear language of the order prohibiting any religious services or other ministry functions at a church or religious organization.”
The lawsuit asks a federal judge to deem the 1945 Emergency Powers Act and the 1976 Emergency Management Act, which afforded Whitmer the power to issue her executive orders, unconstitutional.
“Nothing in the U.S. Constitution authorizes a state governor to suspend constitutional representative governance by declaring new emergencies every 28 days into perpetuity,” the complaint says. “Allowing one person to wield absolute power is not a republican form of government, it is tyranny.”
The Great Lakes Justice Center, a legal entity that is part of Salt and Light Global, a Lansing-based, Christian advocacy group, filed the lawsuit on behalf of the plaintiffs.
The plaintiffs include: Word of Faith Christian Center Church, a Southfield nonprofit that operates other churches and Bible training centers; Word of Faith Christian Center Church Bishop Keith Butler; Michigan Association of Christian Schools Director Timothy Schmig; Sturgis-based Whole Life Church; Whole Life Chirch Pastor Chuck Vizthum; and Northern Michigan Baptist Bible Church Pastor Stanley Chatfield III, who also served as am Emmett County Republican delegate in 2018.
The lawsuit comes in the wake of multiple other lawsuits that accuse Whitmer’s orders of going to far.
The Republican-led Michigan House and Senate filed a lawsuit in the Michigan Court of Claims on Wednesday, May 6, accusing the governor of improperly extending the coronavirus state of emergency without their approval.
A group of Michigan political candidates also have a pending lawsuit against Whitmer, claiming her stay-home orders blocked their ability to run for office.
And a U.S. Congressman filed a federal lawsuit Tuesday saying Whitmer’s executive orders violate constitutional due process rights.
Whitmer first ordered most Michigan residents to remain in their homes, with certain exceptions, on March 23. She later extended the order without legislative approval to May 15, while loosening restrictions on certain industries, including construction and real estate, which are slated to reopen May 7.
Michigan has had 45,054 confirmed COVID-19 cases and 4,250 deaths related to the coronavirus outbreak.
COVID-19 PREVENTION TIPS
In addition to washing hands regularly and not touching your face, officials recommend practicing social distancing, assuming anyone may be carrying the virus.
Health officials say you should be staying at least 6 feet away from others and working from home, if possible.
Use disinfecting wipes or disinfecting spray cleaners on frequently-touched surfaces in your home (door handles, faucets, countertops) and carry hand sanitizer with you when you go into places like stores.
Michigan Gov. Gretchen Whitmer has also issued an executive order requiring people to wear face coverings over their mouth and nose while inside enclosed, public spaces.
Read all of MLive’s coverage on the coronavirus at mlive.com/coronavirus.
Additional information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus.
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