Q: Are the Churches in Tennessee mandated to close? If so, what law supports this. If not, what law protects the Churches?
A:
This issue is one that could be litigated. Under current precedent it is not entirely clear if the government can force churches to close. State and local governments have police powers that allow them to regulate through generally applicable laws for public welfare. This extends to the power to order limited gatherings or quarantine due to a public health emergency. These laws would facially be generally applicable and apply to everything such as limitations on secular concerts and also could mandate the closure to the public of churches. Historically state police powers have been quite broad and usually upheld by the courts.
On the other hand, religious institutes may claim they are exempted from this general requirement by relying on the First Amendment freedom of religion clause. The Federal government has also legislated the federal Religious Freedom Restoration Act (commonly shortened to “RFRA” and pronounced “Rifra”) in 1993 to provide stronger protections for religious free exercise.
Additionally, outside of the courts political pressure may be used to force churches to comply with calls for quarantine or limited social interaction through news stories and social media postings. You may want to consider consulting with an attorney for more detailed information. You could also further research the issues of state police power, the First Amendment and RFRA.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
