Landmark Ruling Protects Religious Liberty, Ends Case Against Rev. Spell

In an historic 5-2 decision, the Louisiana Supreme Court last week ruled that Gov. John Bel Edwards’ edicts closing churches and the subsequent arrest of Rev. Tony Spell for holding church services were illegal and unconstitutional.  This means the pastor’s arrest, imprisonment, house arrest, being fitted with an ankle bracelet, order not to hold church, and prohibition from leaving the state for the past two years were all illegal.  

The court, with Justice Will Crain writing for the majority, said any attempt to limit the free exercise of religion is subject to “strict scrutiny” and the governor’s decrees failed to meet that test.  

Equally unacceptable were the efforts of the governor to impose greater restrictions on churches than on private businesses and government activities, the court ruled.  Important points in the decision included:

• While statutes passed by the legislature are presumed to be constitutional, that does not apply when they infringe on a fundamental right.  Thus, the state had the “heavy burden” of proof in this case, which it failed to meet.

• The most sacred right to freely exercise one’s religion is both fundamental and inalienable.

• A law that substantially burdens the free exercise of religion violates the First Amendment.

• The order that churches close while others were open is in no sense “neutral” toward religion.

• While fighting Covid was a compelling state interest, the closing of churches was not the least restrictive means of addressing the problem.

• The limits on gathering in Executive Order 30 JBE 2020 and the limits on gatherings and the stay-at-home mandate in Executive Order 33 JBE 2020 are unconstitutional as applied to Rev. Spell.  The trial court erred in dismissing the pastor’s Motion to Quash the charges, and the Motion to Quash is granted.