A federal judge ruled late last week in favor of two Colorado churches that challenged Gov. Jared Polis’s (D) pandemic orders requiring indoor occupancy limitations and masks during worship.
U.S. District Court Judge Daniel Domenico, a Trump appointee, granted Denver Bible Church and its pastor, Robert Enyart, as well as Community Baptist Church and its pastor, Joey Rhoads, a temporary restraining order and preliminary injunction.
The judge said Polis’s Public Health Order 20-35 violated the churches’ First Amendment right to the free exercise of religion.
Domenico wrote in his ruling:
[T]he Constitution does not allow the State to tell a congregation how large it can be when comparable secular gatherings are not so limited, or to tell a congregation that its reason for wishing to remove facial coverings is less important than a restaurant’s or spa’s.
The court found Polis’s order treats churches differently than secular establishments and events that pose an equal risk of spreading the Chinese virus.
“The lawsuit calls both the federal government and Colorado leaders into account for their violations of the right to free exercise of religion, among other abuses of power, primarily resulting from Governor Jared Polis’ COVID-19 related Executive Orders,” said Rebecca Messall, Thomas More Society special counsel, in a statement.
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