#BREAKING: Great news out of New Mexico in a #religiousfreedom case: The state told a federal judge that it will now allow houses of worship to have same percentage of people attend worship services that can attend all NM retailers. @BECKETlaw go.aws/3bBV5Oo (1/11)
This is a reversal of the State’s position from just 48 hours ago, when it was going to limit churches to < 1/2 the percentage of occupancy that it allowed for even non-essential businesses. Becket was set to argue on Monday, but may not need to. Let’s review how we got here:
NM began closing churches the night before Easter, when it revoked a prior exception from the “mass” gathering ban that prohibited more than four people gathering together. NM had previously exempted churches, and admitted that religious groups were voluntarily social distancing.
Legacy Church sued, arguing that it could safely have more than 4 people in its 31,000 square foot church (i.e., just more than half the size of football field). (4/11)
NM initially resisted the Church’s efforts to have a 30-person crew working, with proper social distancing, to produce a livestream watched by more than 13k people. But in court, NM eventually yielded to the obvious fact that 30 people can safely fit in 31,000 square feet. (5/11)
Next, Legacy requested accommodation to conduct Bible studies and addiction support groups. Yet NM said no again—even as it gave breweries, distilleries, and pet grooming salons exemptions. So liquor stores were essential, but alcoholics anonymous meetings were not. Got it?(6/11)
Today, when pressured by a federal judge to explain itself, New Mexico yielded and said the groups could meet after all. (7/11)
Next, Legacy wanted to have a worship service with only 25% of its building occupied, so they could practice safe social distancing. This was the same percentage that on Wednesday the State said it would allow for non-essential businesses. (8/11)
New Mexico refused. As recently as yesterday, the state said that churches could only have 10% occupancy—less than half what the non-essential businesses get. (9/11)
New Mexico ultimately relented, instead of having to explain another First Amendment problem in Court. Instead of going ahead with its plan to only limit church capacity to 10% (while every retailer, essential and not, could have 25%), it gave churches 25% too. (10/11)
Legacy's litigation helped ensure equal access for all religious denominations throughout NM. If public health requires restricting religious exercise, at a bare minimum, the government must explain itself. Keeping the litigation pressure on NM did just that. Congrats, Legacy!
