RICHMOND, Va. (AP)
— An attempt by a Virginia church to prevent the state from barring
gatherings of more than 10 people “would seriously undermine” the
state’s efforts to deter the spread of the coronavirus, attorneys for Gov. Ralph Northam argued Thursday in a legal filing.

Attorney
General Mark Herring’s office made the arguments in a memo filed in
response to a federal lawsuit brought by Lighthouse Fellowship Church of
Chincoteague.

The church sued after its pastor was issued a criminal citation for having 16 people at a Palm Sunday service that authorities said violated Northam’s order barring gatherings of more than 10 people.

The
U.S. Department of Justice has sided with the church. In a court
filing, the DOJ argued that Virginia “cannot treat religious gatherings
less favorably than other similar, secular gatherings.”

Lawyers
for the church have said that during the service, those who attended
maintained social distancing and had extensive sanitizing of common
surfaces. The church said attendees had to stay 6 feet (2 meters) apart
and use hand sanitizer before entering the building.

In
arguing against the injunction sought by the church, Virginia Solicitor
General Toby Heytens wrote that the temporary restriction on in-person
gatherings is a “good-faith, evidence-based” emergency measure.

“Such
a ruling would seriously undermine Virginia’s efforts to resist a
once-in-a-century pandemic and threaten irreparable harm to an unknown
(and unknowable) number of people,” he wrote.

Heytens
said Northam recognizes that the restrictions he’s imposed — including
closing schools and nonessential businesses and issuing a stay-at-home
order —“have been hard on all Virginians, including religious
communities.”

“But
Virginia’s restrictions do not operate in the way plaintiff and the
Federal Government claim, nor has religion been singled out for unfair
treatment,” Heytens wrote. He said Northam issued guidance designed to
help religious leaders “find creative solutions,” including holding
in-person worship services of 10 people or fewer, holding online
services or hosting a service of any size as long as participants stay
in their cars and observe social distancing.

The church and pastor Kevin Wilson argue that Northam violated their religious freedom.

In its statement of interest, the DOJ said the church has presented a strong case that the governor’s order on gatherings “impermissibly interfered with the church’s free exercise of religion.”

Last
week, Northam announced a multiphase plan to begin to ease
restrictions. In the first phase, which Northam has said could begin as
early as May 15, some businesses required to close may be permitted to
open with social distancing measures put in place, and the temporary
gatherings restriction may be modified for churches.

Vice
President Mike Pence, who heads the White House Coronavirus Task Force,
weighed in on the dispute Wednesday, saying he agrees with the church
and the Justice Department.

Speaking
on “The Brian Kilmeade Show″ on Fox News Radio, Pence said ”even in the
midst of a national emergency, every American enjoys our cherished
liberties, including the freedom of religion.”

“The
very idea that the Commonwealth of Virginia would sanction a church for
having 16 people come to a Palm Sunday service, when I think the church
actually seats about 250, was just beyond the pale, and I’m truly
grateful for Attorney General William Barr standing by religious
liberty,” Pence said.

For
most people, the coronavirus causes mild or moderate symptoms, such as
fever and cough that clear up within weeks. For some, especially older
adults and those with existing health problems, it can cause more severe
illness and death. The vast majority of people recover.

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