The Louisiana Supreme Court has ruled in favor of a Baton Rouge area pastor who refused to stop church services during the governor’s COVID lockdown. Pastor Tony Spell, of the Life Tabernacle Church in Central was arrested for flouting stay-at-home orders. Loyola Law Professor Dane Ciolino on the High Court’s decision.
“The court essentially held that the “free exercise” clause of the First Amendment prohibited the state from enacting regulations that discriminated against religious institutions”
Spell was arrested in 2020 for violating the Governor’s emergency order limiting gatherings to no more than 50 people. At that time, he said anywhere up a thousand persons might attend services at his church. Ciolino says, despite rulings from lower courts, the state Supreme Court Justice’s opinions were 5-to-2 in Spell’s favor.
“There was just no good reason that the state could articulate for treating secular buildings and organizations different from churches.”
Does the ruling mean the Governor’s future emergency orders might lack the strength of enforcement? Ciolino says he doesn’t think so…as along as things are dealt with evenly and fairly going forward. Does the ruling mean Pastor Spell can now sue the Governor and/or the state for damages?
“That’s possible, because this court found that the Governor’s actions DID violate the First amendment, so…I would think that the pastor does, perhaps, have a viable civil claim for the violation of his First Amendment rights.”
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