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PRITZKER
LIFTS 10-PERSON LIMIT ON RELIGIOUS GATHERINGS AFTER FACING LEGAL
PRESSURE
Illinois Policy Institute/
Joe Barnas
After
being asked by the U.S. Supreme Court to reply to religious groups’
objections, Illinois Gov. J.B. Pritzker announced he was ending the
10-person limit on religious gatherings. |
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 Hours before the U.S. Supreme Court’s deadline for response to
a request for relief filed by Chicago area churches, Gov. J.B. Pritzker
announced during his May 28 press conference that the 10-person limit on
religious gatherings would expire May 29.
As a result, new Illinois Department of Public Health guidelines will take over
as guidance and recommendations, rather than mandates.
The decision to not continue this 10-person hard limit into Phase 3 of the
“Restore Illinois” plan comes after increased legal pressure. On May 27, the
Supreme Court requested a response from the governor regarding a motion for
emergency injunctive relief in Elim Romanian Pentecostal Church, et al. v. J.B.
Pritzker. In their Supreme Court filing, the churches sought relief from the
high court in time for celebration of the Christian holy day of Pentecost,
arguing the restrictions were unconstitutional.
The application for relief was sought by Elim Romanian Pentecostal Church in
Chicago and Logos Baptist Ministries in Niles, Illinois. In their request, the
churches emphasized that “[n]one of the myriad other Essential Activities in
Order 32 is subject to the 10-person limit imposed on religious worship.”
The press conference announcement and newly weakened IDPH guidelines served as
basis for Pritzker’s argument against the churches’ request. “[T]he Governor has
announced that after [May 29] religious gatherings will no longer be subject to
mandatory restrictions; instead, faith leaders will be provided with guidance
from the Illinois Department of Public Health regarding best practices to
prevent the transmission of COVID-19,” Pritzker’s office argued in response to
the request for relief.
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The churches filed a reply to Pritzker’s response
the morning of May 29, stating that “[me]ere hours before his
Response was due in this Court, the Governor announced a sudden
change in his 10-person limit on religious worship services … after
vigorously defending his policy in both lower courts, and having
announced barely 3 weeks ago that it would be 12 to 18 months before
numerical limits on worship services were lifted…”
While Pritzker’s extended stay-at-home order included “exercise of
religion” as an essential activity, it capped gatherings at 10
people. The governor’s “Restore Illinois” plan states that Phase 3 –
the phase that Illinois is currently moving into – places a
10-person gathering limit on groups. Phase 4 increases that limit to
50 people, which continues until the final phase, in which
everything is reopened.
The new IDPH guidelines still recommend religious gatherings be held
to a limit of 10 congregants with social distancing, but no longer
serves as a mandate. The guidelines add, however, that “where the
10-person limit cannot be followed in places of worship” to consider
“limiting attendance to 25% of building capacity or a maximum of 100
attendees, whichever is lower.” Among many religious communities
expected to expand services and worship following this announcement,
Bishop Thomas Paprocki of the Diocese of Springfield announced that
Catholic churches in the diocese will resume Mass June 6-7 following
the 25% capacity guideline.
Other IDPH recommendations regarding religious gatherings include:
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Remote services and drive-in services are
promoted as safest options.
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For in-person worship: congregate outdoors;
maintain a 10-person crowd size, or when necessary a maximum of
25% of building capacity or 100 people, whichever is less;
continue social distancing; wear masks; avoid singing or group
recitation; avoid food and beverage in worship or community
events; avoid greetings and person-to-person contact.
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