If, at any time, a church is subject to a legal public health order regarding meetings and gatherings of groups, the church should comply with the law.  It is not a violation of the First Amendment for a state or local government to include churches in generally applicable health regulations of the sort being issued in some jurisdictions around the country.

An intentional violation of law by a church could result in significant legal problems for the church, including the possible loss of liability insurance coverage.

Likewise, the “Guidance for Houses of Worship During the COVID-19 Crisis” issued by the Governor should be followed.  That guidance establishes minimumhealth protocols for churches.  These guidelines speak to safe practices for attendees and for employees and volunteers.

While these guidelines are “recommendations,” they may establish a legal standard of care under which a church will be measured if it comes to a question of whether a church exercised due care for the safety of persons gathering for church services and other events.

A church may conclude it should take precautions greater than those described in the Governor’s guidance.  A church should be concerned not only with protecting the health of those who attend a church function, but also the health of those who will later come into contact with those persons.

If a church deals with this health crisis as an opportunity to demonstrate that it practices its belief about love for one another, the church will likely be acting in a legally prudent manner.  But this requires that a church listen to health experts and be informed when it comes to safe practices.  A church wants to spread the Gospel, not spread a virus.