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In these days of increasing conflict between multiple factions, I offer a case of State vs Church in which one 'State' - the federal judiciary, rules against another State - Colorado.
Is the power of the State of Colorado used in order to preserve public health to be seen as an abuse of said power when it is used to place restrictions upon religious gatherings? The plaintiffs in the case claimed that secular public gatherings didn't face the same restrictions. This may be true. In response, Colorado has issued new restrictions on all public gatherings.
New Health Order Limits Personal Gatherings To 10 People From No More Than 2 Households In Most Counties
Is the power of the State of Colorado used in order to preserve public health to be seen as an abuse of said power when it is used to place restrictions upon religious gatherings? The plaintiffs in the case claimed that secular public gatherings didn't face the same restrictions. This may be true. In response, Colorado has issued new restrictions on all public gatherings.
New Health Order Limits Personal Gatherings To 10 People From No More Than 2 Households In Most Counties
Two Colorado churches win lawsuit against state's Covid-19 mask and crowd limit requirements
As the US enters what experts say will be another Covid-19 surge, a federal judge ruled two Colorado churches don't have to limit how many worshippers come in and don't have to require them to wear face coverings.
Judge Daniel D. Domenico sided with the churches and found the state's restrictions violate the Constitution.
The judge said that while the state may have made the decisions in good faith, "the Constitution does not allow the State to tell a congregation how large it can be when comparable secular gatherings are not so limited, or to tell a congregation that its reason for wishing to remove facial coverings is less important than a restaurant's or spa's," according to court documents.
The state's orders, court documents said, "treat houses of worship different from comparable secular institutions."