There has been a recent increase in the number of persons allowed to meet together for religious services in NSW. The current rules are to be found in the amended Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 5) 2020 (NSW) (“PHO 5”), effective 22 October 2020.
Month: October 2020
Capitol Hill Baptist case- COVID restrictions on gatherings unlawful
Most of us are chafing under restrictions on gatherings imposed by COVID-19 laws. Getting the balance right here is hard, and we want to give the government as much leeway as possible; but the restrictions have been very difficult for churches, and the rules adopted in some jurisdictions seem to discriminate against church meetings in comparison to other activities which are now allowed. These were the issues at stake in the recent decision of the United States District Court for the District of Columbia in Capitol Hill Baptist Church v Bowser (Case No. 20-cv-02710 (TNM), McFadden USDJ, Oct 9, 2020).
Capitol Hill Baptist Church has been meeting in Washington DC for 142 years. In recent days it has been prevented from gathering all at one time by local rules restricting all church gatherings, wherever held, to the fewer of 50 percent capacity or 100 persons. The Church is theologically committed to the view that all members of the church should gather together physically on a Sunday in one meeting. As they usually have about 1000 people attending the meeting on Sundays, they have had to move their meetings across the State border to Virginia, where they have been meeting outdoors with social distancing precautions and facemasks. They would like to meet in this way in Washington DC. Their action against the Mayor of the District claimed that the rules in place breached the provisions of the Religious Freedom Restoration Act (RFRA). They have now been successful in obtaining an expedited preliminary injunction enjoining the District from enforcing their restrictions “insofar as they prevent the Church from holding socially-distanced outdoor worship services in which congregants wear masks”- see pp 1-2 of the ruling.
Assistant Pastor of church an “employee” for unfair dismissal claim
I have commented previously on the question of the employment status of members of the clergy, which can be quite complicated. A recent decision of the Fair Work Commission, Solomon Woldeyohannes v Zion Church in Melbourne Australia Inc  FWC 4194 (11 August 2020) holds that an assistant pastor of a small incorporated church was an employee of the church, and was able to commence an action for unfair dismissal.