BOISE, Idaho — Three northern Idaho residents have filed a federal lawsuit challenging statewide restrictions ordered by Gov. Brad Little due to the coronavirus, saying it violates their religious freedoms.
Two religious leaders and a churchgoer filed the lawsuit on April 30 against Gov. Brad Little and Idaho Department of Health and Welfare Director Dave Jeppesen.
The lawsuit targets Little's stay-at-home order as unconstitutional and specifically cites restrictions on religious gatherings.
"A free society must have religious freedom," said Nathan MacPherson, an attorney representing the group. "If we're not free to believe and worship in the way that we believe is correct, then we don't really have any other freedoms. There is no pursuit of life, liberty and happiness without that most fundamental right."
That original order expired on April 30 and was replaced by one that allows church gatherings, but still requires social distancing.
MacPherson told KTVB on Wednesday that the requirement still infringes on religious freedoms.
"I know now the governor has laid out the reopening Idaho guidelines," he said. "It still discriminates religious exercise by still not considering religious practice to be essential under the laws. They're subject to additional restrictions to which Home Depot, Lowes, Pizza Hut, etc., are not.
"The law needs to be applied equally between those other businesses and churches because churches are protected under the constitution," MacPherson added.
Attorneys said last week the remaining restrictions on churches remain unconstitutional, and they planned to request a temporary restraining order to have them lifted.
Idaho Attorney General Lawrence Wasden has stood by Little's order, saying previously, "Governor Little's stay-at-home order is well within the constitutional and statutory boundaries for such an order. The law in this area is clearly defined. I have no problems with providing a legal defense of the governor's order and stand ready to do so should the need arise."
Similar lawsuits have been filed in a handful of other states.
Ultimately the courts will decide, which is greater - the right to free exercise of religion or the need to protect public health.
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