Loeffler Fights to Protect Religious Freedom

Press Release

U.S. Senator Kelly Loeffler (R-Ga.) joined dozens of her Senate colleagues in filing an amicus brief supporting the religious freedom lawsuit filed by Capitol Hill Baptist Church against Washington, D.C. Mayor Muriel Bowser and the District of Columbia.

The amicus brief, led by U.S. Senator Roger Wicker (R-Miss.), argues that selective enforcement of COVID-19 orders by Bowser and D.C. violates the church's First Amendment rights and the Religious Freedom Restoration Act (RFRA).

"Religious freedom is a guaranteed right under the Constitution, and it ought to be protected as such," said Loeffler. "If it is safe for thousands to gather to protest outdoors, it is safe for churches to gather for worship outdoors. I proudly stand with my Senate colleagues in defense of religious freedom in our nation's capital, in Georgia and across the country. As we continue to combat this pandemic, we cannot disregard our Constitutional rights and common sense."

Background:

In late September, Capitol Hill Baptist Church filed a complaint in light of Mayor Bowser permitting and participating in mass protests, while continuing to prohibit religious gatherings of more than 100 individuals outdoors.

The amicus brief by the senators argues, in part: "Whether viewed as a matter of free speech, the freedom of assembly, or the free exercise of religion protected by the Constitution and RFRA, the result is the same: The Mayor's discrimination against houses of worship rests on a mistaken, and unconstitutional, premise that one particular exercise of free speech--a church's desire to gather together and worship their God--is subordinate to other First Amendment-protected activities. This Court should enforce the First Amendment's promise of free speech for all by issuing a preliminary injunction to prevent the Mayor and the District of Columbia from prohibiting outdoor religious services that adhere to COVID-19 safety protocols."

Capitol Hill Baptist Church has complied with the COVID-19 orders issued by Bowser since March, which include banning outdoor religious services of more than 100 people, regardless of social distancing and mask-wearing. Since June, however, Bowser and the District of Columbia have supported and allowed outdoor protests and gatherings of other groups.

In June and again in September, the District denied Capitol Hill Baptist Church's applications to waive the 100-person restriction to facilitate outdoor worship services in the city.

Other U.S. senators signing the amicus brief include: Majority Leader Mitch McConnell (R-Ky.), James M. Inhofe (R-Okla.), Pat Roberts (R-Kan.), Mike Enzi (R-Wyo.), John Cornyn (R-Texas), Lindsey Graham (R-S.C.), John Thune (R-S.D.), John Barrasso (R-Wyo.), James E. Risch (R-Idaho), Roy Blunt (R-Mo.), Jerry Moran (R-Kan.), John Boozman (R-Ark.), John Hoeven (R-N.D.), Marco Rubio (R-Fla.), Rand Paul (R-Ky.), Tim Scott (R-S.C.), Ted Cruz (R-Texas), Bill Cassidy (R-La.), James Lankford (R-Okla.), Tom Cotton (R-Ark.), Steve Daines (R-Mont.), David Perdue (R-Ga.), Thom Tillis (R-N.C.), Ben Sasse (R-Neb.), John Kennedy (R-La.), Marsha Blackburn (R-Tenn.), Kevin Cramer (R-N.D.), Mitt Romney (R-Utah), Mike Braun (R-Ind.), Josh Hawley (R-Mo.), Rick Scott (R-Fla.) and Cindy Hyde-Smith (R-Miss.).

A copy of the senators' amicus brief is available here.

In addition to this brief, the U.S. Department of Justice issued a statement of interest in federal district court supporting Capitol Hill Baptist Church.

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