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Saturday 5/16 update: Federal Judge Issues TRO on NC Church Gathering Limits: ‘There Is No Pandemic Exception to the Constitution’
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There has been a lot, and I mean a LOT going on in North Carolina over the several weeks as more people push back on Democratic Gov. Roy Cooper’s stay at home order, which is still in effect in spite of “phase one” of the so-called reopening plan beginning last Friday.

The pushback not only includes weekly reopen marches and business owners trying to reopen, but also a growing number of county sheriffs, police chiefs, and even district attorneys who have publicly stated that they will either not arrest church gatherers and business owners, or will not prosecute them in the event that they are.

The latest show of defiance comes from a faith-based group that filed a lawsuit on Thursday, objecting to the stay at home order’s strict limit on indoor church gatherings. Phase one of the “reopening” plan allows for unlimited outdoor church gatherings provided social distancing guidelines are observed, but indoor worship services are limited to 10 people:

The plaintiffs are asking for the courts to grant a concurrently filed motion for a temporary restraining order and to declare Cooper’s orders unlawful and keep any official or similar from enforcing the order. In addition, the plaintiffs are asking for damages as well as court and legal fees.

The suit says Cooper’s orders “treat religious gatherings less favorably than similar secular gatherings, virtually banning religious assembly, are not narrowly tailored, and do not permit less restrictive means to achieve the government’s interest without burdening Plaintiffs’ rights as guaranteed by U.S. Constitution First Amendment.”

“The Orders are not neutral laws of general applicability because they target Constitutionally protected activity, significantly burdening the Plaintiffs’ right to freedom of religion and assembly, establishing an orthodox form of religious exercise approved by the State, all the while providing broad exemptions for many other gatherings of more than 10 people that are not constitutionally protected,” the suit reads.

A number of Republican state legislators have expressed support for the lawsuit after also raising concerns about infringements on religious rights in recent weeks.

In an update earlier today, WNCN reporter Michael Hyland reported that the judge in the case had a lot of questions for Cooper’s legal team on the inconsistencies in his limits on church gatherings versus secular gatherings:

Just got out of federal court hearing on the case involving church leaders challenging @NC_Governor exec orders. Judge James Dever III asked, "Why doesn't the governor trust the leaders and members of religious entities in the same way he trusts, seemingly, everyone else?" @WNCN

— Michael Hyland (@MichaelWNCN) May 15, 2020

The judge repeatedly brought up the example of people working side by side at places like UPS and Amazon but not being allowed to gather for worship on the weekend @WNCN

— Michael Hyland (@MichaelWNCN) May 15, 2020

He also brought up the provision that allows for 50 people to attend a funeral service but still caps indoor religious services at 10. "What's the difference?" he asked @WNCN

— Michael Hyland (@MichaelWNCN) May 15, 2020

He questioned a line in the most recent executive order that says services "shall take place outdoors unless impossible." Dever sought clarification on what "impossible" means and ultimately who has to determine that? @WNCN

— Michael Hyland (@MichaelWNCN) May 15, 2020

"I don't question the good faith of anyone. I don't question the good faith of the governor. I don't question the good faith of the plaintiffs," Judge Dever said @WNCN

— Michael Hyland (@MichaelWNCN) May 15, 2020

The plaintiffs are seeking a temporary restraining order. Even though specific churches are named as parties in the lawsuit, they told the judge they want his decision to apply statewide @WNCN

— Michael Hyland (@MichaelWNCN) May 15, 2020

Judge Dever did not announce a decision in court and left for another hearing @WNCN

— Michael Hyland (@MichaelWNCN) May 15, 2020

Following the hearing, Solicitor General Ryan Park (who represented the Governor) declined to comment. Dr. Ronnie Baity, who brought the case, said he was optimistic the judge would rule in favor of the churches @WNCN

— Michael Hyland (@MichaelWNCN) May 15, 2020

A sign of things to come, perhaps?

Click here to read the thread unrolled – and stay tuned.