A group of churches and clergy yesterday filed suit in a Michigan federal district court challenging on a wide variety of state and federal constitutional grounds the stay-at-home orders of Michigan's Governor Gretchen Whitmer. These orders do not exempt churches, but do provide that they are not subject to any penalty for violating the restrictions. The complaint (
full text) in
Word of Faith Christian Center Church v. Whitmer, (WD MI, filed 5/6/2020) alleges in part:
7. EO 2020-70 continues to prohibit gatherings of two or more individuals, including at churches, thereby denying them the ability to hold worship services and otherwise carry out their ministry functions until May 28, 2020.
8. While EO 2020-70 states that “neither a place of religious worship nor its owner is subject to penalty under section 20 of this order for allowing religious worship at such place,” nothing in this provision applies to individuals attending a place or worship as clergy or congregants and does not apply to Plaintiffs.
9. A promise to not subject a geographic location or its “owner” to the criminal penalty under EO 2020-70 merely adorns the constitution with a fig leaf and does not protect individuals or change the clear language of the order prohibiting any religious services or other ministry functions at a church or religious organization.
M Live reports on the lawsuit.