We're cutting through the flurry of media and government reactions. Our lawyers explain the law and offer prayer and support. 

As novel (new) coronavirus (COVID-19) cases continue to be detected and spread across the country, federal, state and local governments have now established mandates ordering public places to limit their occupancy or close up shop altogether. 

By now, most people accept these government actions, while at the same time question whether state and local governments have the authority to restrict our freedoms as significantly as they have.

Emergency preparedness and response is one of our governments’ most important duties. Federal, state and city governments are legally authorized to make and enforce certain regulations necessary to prevent the introduction, transmission, or spread of communicable diseases. 

More significantly, Martial law can be implemented on a national level by the president or within a state’s borders by the governor. Martial law is the suspension of ordinary law and the imposition of direct military control of the population in response to an emergency such as an invasion or a major disaster. But the change in power must only last through the duration of the emergency. 

Martial law is not explicitly mentioned in the Constitution, but the suspension of habeas corpus is mentioned in Article 1, Section 9. It is important to note that in the United States, martial law has been declared only once on the national level, when President Abraham Lincoln initiated it during the Civil War. In other instances, it has been limited to the regional or state level.

In the rare occasion that martial law is declared, civil liberties such as the right to free movement, free speech, protection from unreasonable searches, and habeas corpus laws may be suspended (which would allow an agency to hold a person without a charge). 

Historically, the exercise of public health police power was enforced with strong support of the courts and restraint of police power occurred only when there was open disregard for individual rights.  As the majority of Americans understand the seriousness of this unfamiliar coronavirus strain and are offering sensible cooperation, neither the President nor any state governor has imposed Martial law.  

Circumstances during this viral pandemic are fluid and uncertain. To date, several U.S. counties and cities have limited public gatherings to 10 people or less and are recommending keeping a social distance in public of six feet. They have also ordered the closing of schools, theaters, bars, wineries and restaurants (except take out) through anywhere from April to September of 2020.  We are praying for our communities as some of these employees will be furloughed and will lose their paychecks. Banks, gas stations and grocery stores have been allowed to remain open to serve the public’s essential needs. "Fear thou not; for I am with thee: be not dismayed; for I am thy God: I will strengthen thee; yea, I will help thee; yea, I will uphold thee with the right hand of my righteousness." Isaiah 41:10 KJV

We are seeing some pastors cancel Sunday church services in favor of live streaming their sermons, while others are continuing to hold open services in their sanctuaries and even in their parking lots! The right to assemble to exercise religious rights is arguably essential and Advocates lawyers are still looking at the situation with the lens of trying to preserve our first amendment right to worship together.

For those who think these recommendations and prohibitions are a media-driven over-reaction: what is known is that this is a novel (new) coronavirus respiratory disease for which we were not prepared with adequate testing abilities and have yet to develop a vaccine. Its ability to hide its symptoms in an infected person as well as live on surfaces outside a host, allows it to spread rapidly when certain containment actions are not taken early on. The elderly and those with immune deficiencies are at an increased risk, but at this point, no one should expect to be immune.

You may remember when, from April 2008 – April 2009, a virus called H1N1 spread across our country and the world. Before it was over, that pandemic had affected 60.8 million Americans, hospitalized 274,304, and killed 12,469, according to the CDC.  This history could be the reason for such proactive and anticipatory actions.

The good news is that, America is still a praying, Christian nation. Overall, we are a healthy nation and our health care system is superior. Health experts across the country continue to learn from past and current data. By now, in addition to social distancing and work-at-home recommendations, we are  all aware of the important guidelines regarding hand-washing, face-touching, sneezing and coughing. "For God hath not given us the spirit of fear; but of power, and of love, and of a sound mind."  2Timothy1:7 KJV

We will beat this vicious virus outbreak, but in order to do that, health professionals tell us it is critical that we all do our part to help stop its spread.  Although complete self-isolation may not be necessary unless you are elderly or a person with a serious underlying health condition, all authorities agree that considerate social distancing should be practiced by everyone. "For I know the thoughts that I think toward you, saith the Lord, thoughts of peace, and not of evil, to give you an expected end."  Jeremiah 29:11

Perhaps during this time of cooperation and self-isolation, while sports on TV and events are canceled, and restaurants and schools are closed, instead of feeling fearful or anxious, we will slow down our lives and take this opportunity to spend time with our loved ones.

As believers, we can do much to set an example for Christ at this time. Is there an elderly person in your neighborhood that you should check in on and offer to run an errand for? Could you provide a meal or groceries for a single mother whose kids are home from school or a friend who has lost their job?  "For as the body without the spirit is dead, so faith without works is dead also." James 2:26 KJV

Do you have a need or a concern for a friend or loved one? While our attorneys and staff are working remotely, we want you to know you can count on Advocates for Faith & Freedom to be a trusted friend, not only for legal advice, but for help and spiritual fellowship. Please refer or call or email us!  We will do everything we can to provide you with up to date information, local help and resources and most importantly, prayers. 
 

Advocates for Faith & Freedom attorneys continue our work to stay informed and actively educate our supporters on laws that are unconstitutional and a violation of our religious liberties. Please click here to give to our important legal ministry.  We are grateful for your partnership. 
 

"Never be lacking in zeal, but keep your spiritual fervor, serving the Lord. 
Be joyful in hope, patient in affliction, faithful in prayer.”
Romans 12:11-12 NIV