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Trump/Barr DOJ warns California against disfavoring churches


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Paul Mirengoff

May 20, 2020

The Department of Justice, under the leadership of Attorney General Barr, has moved aggressively to make sure that state and local measures to contain the Wuhan coronavirus do not violate the First Amendment’s guarantee of religious freedom. We discussed some of the DOJ’s actions here, here, and here.

Now, the New York Times reports that Justice Department has “warned California’s governor that his COVID-19 restrictions discriminate[] against places of worship by preventing them from meeting while businesses and film studios are allowed to carry on working.” The warning comes in a letter signed by my friend Eric Dreiband, the Assistant Attorney General for Civil Rights.

California is finally easing coronavirus restrictions in some jurisdictions. According to the Times, Gov. Newsom’s measures will enable restaurants and retail stores to reopen. In addition, Newsom will graciously allow “some workers [to] begin returning to offices where working from home [is] not practical.” He has included the entertainment industry in a list of businesses exempted from restrictions.

Churches, though, are not included in the exempt list, and that’s the basis for the Justice Department’s warning.

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