A judge has reportedly ruled that churches in Washington D.C. can hold larger worship services this Holy Week.
According to the Christian Post (CP), Judge Trevor N. McFadden has increased the in-person capacity limit of churches to 40% last week, overruling Washington D.C. Mayor Muriel Bowser's regulation of 25% of a building's maximum capacity or 250 people since it "discriminate against houses of worship."
McFadden pointed out that Bowser did not label houses of worship as "essential" services, limiting the number of people allowed entry at one time. Bowser, however, did not apply the same limit on other establishments and allowed residents to takeout from restaurants and buy alcohol.
"Yet, after the District's repeal of the same limit on 'food sellers and big box stores selling a range of essential and non-essential goods,' those entities are subject to no maximum-capacity limitations," McFadden said.
"They need only 'limit occupancy to the extent necessary for safety' and 'make plans that provide for safe social distancing between persons.' So 'while a synagogue or church may not admit more than [25 % or maximum 250] persons,' more favored businesses 'may admit as many people as they wish'," he added.
CP said that McFadden's ruling came after the Roman Catholic Archbishop of Washington sought an injunction before the Holy Week, which began March 28 through Palm Sunday. Current city regulations would force the Archdiocese to turn away a maximum of 150 parishioners had the seating capacity been higher.
The media outlet cited the Becket Fund for Religious Liberty who stated that D.C. has joined 27 states who have ""no numerical or percentage caps on attendance at houses of worship," which means they are "now free of arbitrary numerical limits and may welcome as many worshippers as can safely attend wearing masks and social distancing".
McFadden elaborated that the Archdiocese's churches must refrain admitting parishioners once they become "a quarter full" while food establishments can do more than that as long as social distancing requirements are met.
In line with this, CP said the conservative group Liberty Counsel has praised the judge for his decision since it is a recognition of the First Amendment.
"Judge Trevor McFadden clearly acknowledges that the First Amendment does not disappear because of Coronavirus," CP quoted Liberty Counsel Founder and Chairman Mat Staver in saying.
Liberty Counsel said that Bowser's restrictions "unfairly singled out worship services" while mandating "arbitrary numerical attendance caps" on churches despite actual capacity.
"All other states have loosened their restrictions on in-person worship but it seems that D.C. never got the memo," Legal Counsel added, "Mayor Muriel Bowser has clearly discriminated against every church in D.C. while participating in a mass gathering of protestors with no limitations. This unequal treatment of churches is unconstitutional. We will continue the fight until religious freedom is totally restored."
In February, the U.S. Supreme Court also permanently blocked an injunction on stricter restrictions imposed by New York on houses of worship based on zoning color codings that placed houses of worship in red zones, which meant they are only allowed 25% in-person capacity or a maximum of 10 people only during services.