We received the Seventh Circuit Court of Appeals decision on IL Gov. J.B. Pritzker's illegal church restrictions. You might be as surprised as we were with the results. Please read on... -Mat

The ruling from the appeals court is not what we expected in our case of Elim Romanian Pentecostal Church and Logos Baptist Ministries against IL Gov. J.B. Pritzker's unconstitutional church restrictions. However, it presents the potential for a broader decision at the U.S. Supreme Court.

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The court considered two issues. On the first one, the three-judge panel ruled against Gov. Pritzker's claim that the case was moot and should be dismissed. The governor refused to agree that he would not return to his previous draconian orders against churches, and thus the case was not moot.

However, on the First Amendment issue, the court ruled against our clients, setting up the case for a trip to the U.S. Supreme Court.

The court ruled that Pritzker's 10-person limit did not violate religious freedom because church services are more like watching a movie at a theater or attending a concert, and since those were closed, churches can be restricted, too. (Boy, they clearly haven't been to a spirit filled church!).

The court did admit that working at warehouses and stores present significant health risks. In fact, the risks seem greater for someone working 8-hours-a-day versus social distancing in a church meeting.

The governor's order allowed an unlimited number of people in the church to feed, shelter, or provide "necessities of life" -- thus permitting secular activity in the church but not religious activity.

But the court wrote: Feeding the body requires teams of people to work together in physical spaces, but churches can feed the spirit in other ways." (emphasis added). How can the state divide between "religious" and "secular" activity in the same church building? This is clearly not the role of the government.

So, while churches can feed, shelter overnight, and provide "necessities of life" to an unlimited number of people, the crowd must be reduced to 10 people or less when the pastor leads a worship service or prayer. The court brushed off this obvious discrimination. This is nonsense!

Shockingly, neither Gov. Pritzker nor this court considers worship to be among the "necessities of life." Such a conclusion is beyond their competency or authority to decide the manner, form, or necessity of worship.

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This decision now conflicts with the two 3-0 rulings Liberty Counsel obtained at the Sixth Circuit Court of Appeals on behalf of the Maryville Baptist Church. This also conflicts with a ruling of the Fifth Circuit Court of Appeals. However, the Ninth Circuit Court of Appeals ruled 2-1 against a church on an emergency appeal. Thus, the Circuit Courts of Appeal are now split 2-2, which sets up an eventual review by the U.S. Supreme Court.

Let me assure you, this case is far from over. The pastors and the Romanian churches are resolved to continue to fight for religious liberty!

Our next step will be to ask the full panel of judges at the 7th Circuit to review the case. This case and the conflicts now among the courts of appeal provide an opportunity to ask the Supreme Court to review the matter at the appropriate time. Liberty Counsel WILL continue to pursue a decision that upholds the First Amendment!

Depending on the result of our petition for en banc review, Liberty Counsel will also consider filing a petition for certiorari (requesting the Supreme Court to review the case) at the appropriate time.

The fight for our churches and our God-given, unalienable right to worship unencumbered by government restrictions may be a long one. That's why we are so encouraged that a generous friend of Liberty Counsel has established a "2020 Challenge Grant"! Your donation today will be automatically DOUBLED in its impact!

Defend Religious Liberty & have your donation doubled by the challenge grant! - select here or the button below.

Finally, please continue praying for the soul of our country. Just as when Moses led God's people out of Egypt, things may look difficult at first. But what God has for us on the other side of this journey is much better than we can imagine. Keep praying and keep fighting for religious liberty – it's worth the cost of the battle!

"And we know that all things work together for good to them that love God, to them who are the called according to his purpose." Romans 8:28

In Christ,

Mat Staver
Founder and Chairman