Hawley wants civil rights investigation of state restrictions on religious gatherings
Missouri Sen. Josh Hawley asked Attorney General William Barr Tuesday to launch a civil rights investigation into state restrictions of religious gatherings during the COVID-19 pandemic.
Hawley, a freshman Republican and former Missouri attorney general, contended that state-level restrictions violate the First Amendment and asked for the Justice Department’s Civil Rights Division to the review the issue.
His letter to Barr noted that last month the U.S. Supreme Court rejected a legal challenge by a church against California’s restriction on religious services after finding the same rules applied to secular events, such as concerts and sports.
Chief Justice John Roberts, who Hawley worked for early in his career, sided with the majority in the 5-4 decision.
However, Hawley argued that the issue should be revisited in the wake of demonstrations against police brutality and racial injustice in cities across the country.
“Now, after two weeks of nationwide protests, no uncertainty remains. Many jurisdictions across the nation are imposing extraordinarily strict caps on religious gatherings—such as restricting religious gatherings to 10 or fewer people—even as those jurisdictions allow thousands of people to gather closely in protests,” Hawley said. “States cannot allow one but prohibit the other.”
Robert Redfield, director of the Centers for Disease Control and Prevention, said last week that protesters should seek testing for coronavirus after attending the events, which in many cities have drawn massive crowds.
Hawley contended the states have created a double standard by allowing the protests while limiting the number of people at religious gatherings.
“State officials have determined that the message behind the current protests is worth saying. But state officials cannot block religious speech while allowing protests simply because the states think the protest speech is more valuable,” Hawley said in his letter.
Hawley delivered a speech on the Senate floor last week condemning the murder of George Floyd in Minneapolis, the incident that galvanized activists across the country to protest police brutality.
But he’s also been critical of the demonstrations, which in some cases have turned violent and destructive. He did not directly answer questions about the use of tear gas by police in Kansas City and Washington last week, but instead offered a general statement about restoring order.
“Every American has a right to assemble and protest peacefully, but there is no room for violence,” Hawley said in a statement last week. “The attacks on police and the destruction are despicable. We have to restore peace and order in this country.”
This story was originally published June 9, 2020 at 12:49 PM.
