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Articles

Does it violate religious liberty to close churches over coronavirus?

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March 20, 2020

As the entire world faces the COVID-19 pandemic crisis, states and municipalities are working to contain the virus, as best as possible, by discouraging and otherwise doing everything to stop gatherings of people. President Trump’s Coronavirus Task Force guidance recommended no more than ten people getting together for at least the next eight weeks. In the days to come, it is possible that the government will act even more drastically. As most churches are now not gathering on Sundays for the time being, some are asking if these sorts of health mandates are a violation of religious liberty. The short answer is “no.” 

Before I explain why, let me note that the question is a reasonable one. After all, we maintain that no government is lord of the church–only our Head is Jesus Christ. And there would be many circumstances in which a government illegitimately could use powers to keep churches from gathering. That said, nothing that is happening right now related to this crisis is, in my view, a violation of religious liberty or the separation of the church from the state. 

Our commitment to religious liberty is grounded in what Jesus taught us—that the spheres of the church and the state are different, and the one should not have authority over the other. The state has the “power of the sword,” for instance, to punish criminals and to maintain civic order (Rom. 13:1-7), while the church does not (1 Cor. 5:9-12). The church has the authority to proclaim the gospel and to define the boundaries of the fellowship within that gospel, the state does not. 

The current situation facing us is not a case of the state overstepping its bounds, but rather seeking to carry out its legitimate God-given authority. Nowhere, at this point, have we seen churches targeted because of their beliefs or mission. At issue is a clear public objective—stopping the transmission of a dangerous virus by gatherings. This applies to the local plate jugglers association just as much to churches. Because the state must respect the consciences and souls of the people, consciences and souls over which it has no ultimate authority, any action involved religious bodies should have, in the words of the Religious Freedom Restoration Act of 1993, a “compelling state interest” and must pursue the “least restrictive means” of achieving it. In my view, both of these tests have been met, in every case I have seen. 

This is an area—the protection of public health—where the state has not just a legal authority but an authority granted by God himself. The state could not, for instance, decline to prosecute a murder because the shooting happened during a church service. And the church could not claim that religious liberty is violated because the state would not allow them to shelter from accountability the shooter. Someone could not claim a religious liberty to embezzle just because the embezzling is happening during the church offertory. The same principle is at work here. Governments are seeking to limit gatherings of people. That is a legitimate public interest, and the government is seeking to do so in the least intrusive way possible.

So far. Everything here refers to actions taken so far. The situation will almost inevitably lead to even stronger and less voluntary government actions. Could these encroach on religious liberty? That is certainly possible, but not necessarily. To prevent that, we will need more secular leaders to think carefully about why religion is important and more religious leaders to be thinking through the complexities of public health. If we remain on the same ‘team’ when it comes to overcoming this crisis, we can avoid overreach on one side or paranoia on the other. And that’s what we will need.

Any order should include the maximum recognition of the need for clergy and other religious workers to carry out necessary ministry, in the same category as health care workers. Such ministry is necessary. A nursing home patient who is in peril needs a doctor to care for her physically, but also should be allowed to have a pastor pray for her, her priest administer last rites, or whatever the equivalent would be in her religion. We can make such exceptions without creating jeopardy to lives, just as we have in every other time in human history from the Black Plague to the 1918 influenza crisis.

Most churches that I know are completely in sync with the rest of society on this. They are voluntarily restricting their gatherings until the crisis is passed because they care about their members, and about non-members in their communities. In the vast majority of places, churches and governments are working in common purpose, and that’s good. 

After this crisis is over, we will have learned much about the fragility of life, about our need for one another. The church will be called to bear the burdens of our neighbors as never before. There will be no shortage of debates over all sorts of religious liberty questions, as there were before. But, in the meantime, concern for public health is not a violation of religious liberty. 

Let’s not only obey the laws of our states and cities, let’s seek to do even more than asked in order to shoulder our responsibilities. Let’s wash our hands, stay as far apart as necessary, pray for our medical personnel and our leaders, and let’s pray, like never before. In so doing, we render what is due both to God and to Caesar. And that’s a good start. 

This was originally published here.

Russell Moore

Russell Moore is a former President of the ERLC. He holds a Ph.D. in systematic theology from the Southern Baptist Theological Seminary. His latest book is The Courage to Stand: Facing Your Fear Without Losing Your Soul. His book, The Storm-Tossed Family: How the Cross Reshapes the Home, was named Christianity Today’s 2019 Book of the … Read More

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