Dear fellow Patriots and Believers,
Thank you for signing the Declaration of Essentiality and proclaiming that houses of worship are essential to the health and wellbeing of our communities. You are joined by over 10,000 people and 1,500 pastors that have signed the declaration!
Because of your courage, we have collectively influenced a dramatic victory for American citizens, and the church has been able to resume its God-given role as a safety net and a place of solace for many who have suffered from unemployment, mental distress, isolation and other traumatic events as a result of the COVID-19 crisis!
Your solidarity helped to cause four major milestones over a short eight days!
You helped influence the U.S. Department of Justice to send a letter to Governor Gavin Newsom warning that his ban on church meetings was unconstitutional.
The Declaration of Essentiality you signed gave us the ability to send an extensive and detailed legal letter on your behalf explaining that while we are grateful for the Governor’s efforts to eradicate COVID-19, the ban on churches was having a harmful effect on society and was unconstitutional.
After significant media coverage of the Declaration of Essentiality, President Trump declared that places of worship are essential and warned governors that he would “override” bans on in-person religious meetings.
Finally, on the eighth day, Governor Newsom issued guidelines for churches to reopen without necessarily being in violation of the law.
It was an amazing eight days! Praise the Lord for his goodness because Proverbs 21 teaches us that “The king's heart is a stream of water in the hand of the Lord; He turns it wherever he will.”
We had significant national media coverage on the Declaration, including a Fox & Friends and One America News television interview, a CNN interview, a NY Post article, an LA Times article, and more. These TV and major publications reflect the success of our efforts so far.
Some have criticized our work to reopen churches as mere political grandstanding and as dangerous to society. Far from it. The recent study by the Census Bureau confirmed what these pastors already have experienced in their communities. With a third of Americans experiencing signs of clinical anxiety and depression, 70 percent of low income individuals experiencing depression and hopelessness, and suicide on the rise, churches need to be able resume their fellowship for those in need.
The closure of religious organizations is preventing the numerous ministries and social services provided by churches to the poor, unemployed and distressed. The humanitarian and spiritual support provided by ministries are innumerable. Anecdotally, it has been reported that in Knox County, Tennessee, more people died from suicide than from COVID-19 over a week period. And with the unconscionable killing of George Floyd, and the ensuing protests and devastating riots, our nation needs the opportunity to seek comfort and solace in the arms of the faith community. Our churches should operate as the conscience of the state to help heal the wounds of racial divides. Many people are desperate for the peace, joy and love that comes through the fellowshipping of the saints. With suicide on the rise and mental illness becoming its own pandemic, we could not sit idly while waiting for permission from the governor to carry on our respective ministries.
Next Steps in the Battle
While we are grateful for the recent successes, the battle is not over. Just Friday the Supreme Court of the United States upheld Governor Newsom’s 100-person or 25% capacity (whichever is lower) limitation as constitutional. This limit on occupancy is are very difficult for larger churches. I have spoken to numerous larger churches who boldly continued their plans to hold Pentecost Sunday services, even though they exceeded the occupancy limits.
This ruling by the Supreme Court is a preliminary ruling on an emergency motion. We still have hope that the Court will eventually hold that churches should not be restricted any more than secular enterprises.
If you do not already know, Advocates for Faith & Freedom is a nonprofit that I started in order to raise money to protect religious liberties. I do not personally receive compensation from Advocates. We raise funds to cover the costs of court filing fees, litigation, and other legal expenses. I have been blessed to be able to be entirely compensated through our private law practice, Tyler & Bursch, LLP, where we practice a wide range of legal services, including estate planning, business litigation, real estate law, and we represent churches, Christian schools, and other religious nonprofits.
With counties across California still banning drive-in and in-person worship services, including Santa Clara County, pastors in these counties desperately need Advocates for Faith & Freedom’s help to defend their God-given right to religious freedom so that they can minister to their communities. And because we do not charge our clients for this critical legal defense we provide, we depend on your support. The Declaration for Essentiality was effective because of you and the many collective signatures we gathered.
As we continue this critical fight, will you prayerfully consider partnering with us again with your donation to our legal ministry?
Finally, I want to inform you about another important case Advocates for Faith and Freedom is working on in the Second Circuit, Domen v. Vimeo, Inc. Without over-exaggerating the concern, an internet site can now be immune from liability, not only for banning and censoring Christian and conservative viewpoints, but even if it decided to ban all African American or Latino users, Christian or Muslim users, and Gay or Lesbian users, regardless of the discriminatory purpose behind the ban. We cannot imagine that sanctioning discrimination over the internet is what Congress intended with the passage of the Communications Decency Act. We are hopeful that, especially in light of President Trump’s recent Executive Order, we will be successful in the Second Circuit in holding websites accountable for discrimination.
Our staff at Tyler & Bursch, LLP and Advocates for Faith & Freedom will be praying for you and your church. Please email me with any questions or comments at info@faith-freedom.com. We would love to hear how God is moving in your life, your congregation, and community as our churches reopen!
In His Service,
Robert H. Tyler
General Counsel