We are (hopefully) nearing the peak of the COVID-19 pandemic, and public officials are beginning discussions about systematically lifting quarantine orders. For example, on April 16th, the White House issued guidelines for Opening Up America Again. So, when should churches resume in-person services? And, if meeting bans are not lifted soon, how and when should churches petition for a change in those orders?

Most churches around the country (including mine) have temporarily cancelled services to help slow the spread of the virus. So, please note that I am not organizing a movement of churches to defy current government orders. Rather, the point of this article is to provide some recommendations for what appears to be the next stage of the pandemic. Here are four recommendations to consider:

#1 Follow Historical Precedent

If you have read other articles on this site, you may note that this is a consistent theme in my review of current problems. But, why not benefit from the experience of faithful Christians that have gone before us? If you have not read this helpful article about how churches in Washington, D.C. responded to government-ordered shutdowns during the 1918-1919 Spanish Flu epidemic, I encourage you to read it. For those of you that have read it, now is the time to put that knowledge to work. Here’s the timeline. The Commissioners in Washington, D.C. ordered churches to close their buildings on October 4, 1918, due to the spike in new cases and deaths; and, most churches complied. A few innovative churches decided to hold outdoor services on October 6th (sounds like a 1918 version of drive-in services to me!), but the commissioners eventually banned these services because congregants meeting outside were still in close contact.

The number of new cases and deaths peaked on or about October 18, 1918, and slowly decreased after that date. On October 25, 1918, an opinion piece appeared in The Star arguing that churches should be opened, “(1) Because intelligent stringent regulation can prevent absolutely the crowding of the church edifices and can eliminate or reduce to a minimum the danger of germ distribution through such assemblages; and (2) Because the purposes of church assemblages are such as to entitle them to be the very last to be absolutely forbidden by the civil authorities.” From October 26 to 29, 1918, church leaders sent in “strong pleas” to health officials to reopen church buildings, and the ban was lifted on October 29, 1918.

In sum, as new cases and deaths decreased, D.C. pastors increased public pressure to reopen churches; and, this is a helpful precedent for us to follow in 2020.

#2 Focus on Public Assemblies

Is your government overreach alarm blaring a few times a day? Are you ready to join the Jewish midwives, Obadiah, Daniel, Peter, John, and Jesus (to name a few) in respectfully dissenting from government mandates and putting magistrates in their rightful place? Good. Don’t switch that off. Here’s one of my favorite Thurgood Marshall quotes: “History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure.” The midst of a crisis is exactly when constitutional rights are tested, and pastors and other committed Christians are right to be concerned and to call out government overreach. And, fortunately, the Department of Justice agrees with this sentiment. In its Statement of Interest filed on behalf of a Mississippi church that was cited for holding a drive-in service, the DOJ stated: “…Even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers. Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity.”

I have read a number of comments comparing churches to grocery stores and opining that churches should be allowed to worship if people are allowed to shop. Though I agree with the general sentiment of these comments, this comparison is inexact. Though I could get creative and poke holes in the distinctions between churches and grocery stores or design a shopping-like church experience, the medical reality is that epidemiologists and the CDC see a difference between worshipping in an in-person church service and shopping at a grocery store. And, the legal reality (to date) is that churches are treated as public assemblies or gatherings alongside movie theaters, sit-in restaurants, in-person court hearings and most government meetings. Note that the Kansas Supreme Court recently upheld the Kansas Governor’s order banning all public gatherings, including in-person worship service, of more than ten people.

Therefore, when it comes to in-person services, we should remain vigilant about how government is treating other public assemblies and should be prepared to petition alongside those assemblies and businesses for the removal of meeting bans. I acknowledge the many apparent inconsistencies in these classifications (did I mention government press conferences?); and, some of the current federal lawsuits over government bans of in-person services may be successful. But, our strongest argument to date is that churches should be opened along with other public assemblies. The DOJ emphasized this principles in its Statement of Interest: “If a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings…Religions institutions must not be singled out for special burdens.”

#3 Remember Your Public Witness

Have you ever noticed a slight tension between the First Amendment and the first commandment? Now, before you assign me a nickname like “Benedict Arnold” or [insert your least favorite politician here], let me explain. I’m a huge First Amendment fan, but the right to speak gives precious little guidance on speaking the right thing. For Christian citizens, our love for God and our focus on the Gospel should inform how and when we pursue religious liberty claims. Last week, I had several conversations with pastors about government orders prohibiting drive-in services on Easter. Though these pastors were concerned about religious liberty, they wanted to stay focused on the empty tomb and not their empty parking lot (that saying is a little worn at this point, but it’s still a good one). Fortunately, a federal judge clarified this issue; and, we can all be thankful that one church stepped up to file the lawsuit. Here’s my point: the reopening of the country is and will continue to be political, and local churches may be caught in the crossfire. But, how we go about petitioning government officials for in-person services and even pursuing legal claims is important as well.

Before this crisis, many pastors stressed to me their concern about political partisanship and their fear that Christians would jeopardize their gospel witness in the political firestorms of 2020. And, these leaders rightly pointed to extreme examples from the “culture wars” over the last 30+ years. Well (gulp), now it’s our turn. Now, we have the opportunity and the responsibility to live out a different vision of Christian citizenship. Will we engage in a wise, respectful and effective way that points our fellow citizens to the one, true King? Or, will we give in to the fear, anger and fist-shaking that will win the moment but jeopardize our movement? I imagine that litigation will be required in some cases over the next few weeks or months, and churches should be prepared to stand up for religious liberty. But, we should remember and prioritize our public witness in the process.

#4 Prepare for In-Person Services

According to some experts, meeting bans in low-infection areas may be lifted in a few weeks to a month. And, bans in high-infection areas may last into June or July. Further, government officials have indicated that quarantine orders will be lifted incrementally, so many congregations may be required to temporarily practice social distancing or limit attendance to smaller groups (such as 50 or 250) even if the current bans on public gatherings are lifted. For example, the Phase 1 instructions in the White House guidelines include this statement: “LARGE VENUES (e.g., sit-down dining, movie theaters, sporting venues, places of worship) can operate under strict physical distancing protocols.” So, churches should review the CDC guidelines on mass gatherings and its environmental cleaning and disinfection recommendations, which can be viewed here. Further, even if government regulations do not require these procedures from your church, your members and attendees will probably expect them. In sum, now is a good time to plan procedures and communication strategies to address social distancing requirements and the general health concerns of your members and attendees. That way, you church will be ready to open as soon as the meeting ban is lifted or, after prayer and seeking legal counsel, you determine to challenge an unconstitutional ban.

The only certainty right now is uncertainty. But, the four recommendations set out above can help navigate the changes in coming weeks. I am praying for church leaders and other committed Christians as they lead and serve during this time.

P.S. I went first and shared my opinion. What’s yours? Will you respectfully share your opinion in the comments or send us an email at info@goodcitizen.us?

This article is designed to provide accurate and authoritative information in regard to the subject matter covered. It is being provided to church and ministry leaders with the understanding that The Good Citizen Project is not engaged in rendering legal, accounting, tax, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Laws vary by jurisdiction, and the specific application of laws to particular facts requires the advice of an attorney.