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Another win for religious liberty

A federal judge blocks N.C. governor’s restrictive executive order

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May 18, 2020

Since the COVID-19 pandemic began to disrupt life in the United States several months ago, governments across the country have taken aggressive action to combat the spread of the coronavirus and mitigate its effects. At various points over the last several weeks, it has become clear that some of these actions have needlessly imperiled religious liberty. The latest example came into focus over the weekend after a federal judge temporarily blocked the enforcement of an executive order from North Carolina Gov. Roy Cooper that prohibited churches from holding indoor services with more than 10 people in attendance.

Earlier this month, Cooper’s administration released a three-phase plan to begin reopening the state by lifting the restrictive measures issued in response to the pandemic. But in response to Executive Order 138, which contained details for phase one of Cooper’s plan, multiple parties including two Baptist churches in the state filed a federal lawsuit alleging that the order violated their rights to the free exercise of religion guaranteed by the First Amendment. Specifically, they argued that the governor’s order continued to restrict the ability of most houses of worship to conduct traditional worship services while allowing most businesses to resume operations as long as they remained at less than 50% capacity based on their building’s fire code.

In response to the complaint, District Court Judge James C. Dever III issued a temporary restraining order (TRO) that granted immediate injunctive relief concerning enforcement of the governor’s orders. The judge's ruling was not only fair and measured but appropriately balanced concerns for religious freedom with public health interests. “There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First Amendment,” Judge Dever wrote. And while recognizing that Cooper likely acted in “good faith” to prevent the further spread of the coronavirus, the judge stated, “restrictions inexplicably applied to one group and exempted from another do little to further these goals and do much to burden religious freedom."

The judge’s ruling further underscores the central point made by religious freedom advocates since the outbreak first began in the U.S. The Constitution’s guarantee of religious freedom is not contingent upon domestic tranquility. While churches and other faith-based organizations have overwhelmingly complied with public health guidance affecting their abilities to conduct religious services or other types of ministries, it has remained a concern that these organizations not be singled out or treated differently than related types of businesses or organizations. If the First Amendment’s guarantee of religious freedom means anything, it certainly means that religious exercise cannot be penalized or subjected to worse treatment at the hands of government than similar non-religious entities. 

And it is for this reason that the TRO issued by Judge Dever was both welcome and desperately warranted. As he states, “treatment of similarly situated entities in comparable ways serves public health interests at the same time it preserves a bedrock free-exercise guarantee." In the midst of this pandemic, all sectors of society share a common goal. Whether houses of worship or businesses, nonprofits, or Fortune 500 companies, the goal of every organization is to resume operations as quickly and safely as possible. Judge Dever made clear in his opinion that religious organizations have at least the same motivation to protect those that they serve as secular organizations do. Indeed, there is no reason for the state to assume any less than this: “The court trusts worshipers and their leaders to look after one another and society while exercising their free exercise rights just as they and their fellow citizens (whether religious or not) do when engaged in non-religious activities.”

In this case, religious persons in North Carolina rightly protested unjust treatment at the hands of their governor. Again the judge’s words are prescient, “the Governor appears to trust citizens to perform non-religious activities indoors (such as shopping or working or selling merchandise) but does not trust them to do the same when they worship indoors together. . . . The principle that government, in pursuit of legitimate interests, cannot in a selective manner impose burdens only on conduct motivated by religious belief is essential to the protection of the rights guaranteed by the Free Exercise Clause.” 

Churches and other houses of worship have more than demonstrated their willingness to comply with reasonable restrictions aimed at safeguarding public health. But asking these organizations to endure further limitations even as other similarly situated non-religious organizations are allowed to resume operations is to ask too much. And as reflected in the TRO, measures that unduly burden religious freedom are not only ill-conceived but unconstitutional.

As we go forward, it is critical for elected officials to act with deference toward religious exercise. In his executive order, Gov. Cooper clearly privileged sectors of North Carolina’s economy responsible for generating revenue beneficial to the state. But churches are no ancillary part of society. The services they provide are vital and essential. And this is especially true as one considers the myriad challenges facing the public as a result of the pandemic. Whether economic or physical or spiritual or psychological, this period of national hardship is affecting citizens of the U.S. in an untold number of ways. One of the most important tools at the government’s disposal in responding to the multiple crises precipitated by the virus are the critical mediating institutions of society, among which churches stand at the fore, that are able to stand in the gap to help sustain the most hard hit communities and meet the needs of individuals who are suffering

As a Baptist, I believe it is fitting that Judge Dever’s order came down 100 years to the day of the anniversary of George Truett’s address “Baptists and Religious Liberty” which he delivered on the steps of the United States Capitol. In that famed address, Truett, the long-tenured pastor of First Baptist Church of Dallas, said, “Let us today and forever be highly resolved that the principle of religious liberty shall, please God, be preserved inviolate through all our days and the days of those who come after us. Liberty has both its perils and its obligations. We are to see to it that our attitude toward liberty, both religious and civil, both as Christians and as citizens, is an attitude consistent and constructive and worthy.”

Before anything else, religious freedom is a religious doctrine. And as we continue to face the perils of these uncertain times, we must not sacrifice that freedom—whether in the name of public safety nor unto any other cause. This ruling represents another positive step in defense of the sacred principle of religious freedom. Even more than this, it further demonstrates the rationality of at once preserving both life and religious liberty. Indeed, may it not be the last.

Josh Wester

Joshua B. Wester is the lead pastor of Cornerstone Baptist Church in Greensboro, North Carolina. Read More by this Author

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24