Pastor Scott Erickson stands in front of a tent used for Sunday services at Peoples Church on Tuesday, May 19. The church is among 10 that signed on to a lawsuit challenging state orders that have restricted religious services. (Amanda Loman/Salem Reporter)
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A state judge in Baker County is standing firm in his decision to stop Gov. Kate Brown’s limitation on church services despite a directive by the Oregon Supreme Court that he withdraw his order or explain why it should remain.
The defiance of Baker Circuit Court Judge Matthew Shirtcliff on Monday leaves it to Oregon’s highest court to wrestle with the legal questions around Brown’s orders that have halted church services and restricted businesses as well as much of daily life.
“I have elected to stand by my original ruling,” Shirtcliff wrote to the court in a short letter Monday.
Last week, Shirtcliff ruled that Brown’s March orders, intended to stem the spread of COVID-19, could only remain in place for a 28-day period. The ruling was a win for Pacific Justice Institute, a religious liberty advocacy group, and Common Sense for Oregon, a nonprofit lead by former legislator and GOP gubernatorial candidate Kevin Mannix.
Earlier this month, the two groups brought the lawsuit against Brown in Baker Circuit Court arguing her orders impeded religious liberties and violated state law.
“We will now have the opportunity to fully engage with the Governor’s representatives in front of the Supreme Court,” said Mannix in a statement. “We will make the case that the rule of law in Oregon allows continued standard regulation of public health matters, but it does not allow the Governor extraordinary powers to close down businesses and churches, beyond 28 days from the original declaration of a public health emergency.”
The legal challenge has kept judges and lawyers busy. The Peoples Church of Salem was among 10 churches from across Oregon that joined the lawsuit in hopes of using the courts to allow religious services.
After Shirtcliff’s ruling, the governor’s orders were rendered “null and void” for a matter of hours before the Supreme Court put them back in place while it considered an appeal.
The governor has begun a phased-in approach to reopening the state. Nearly every county, including Marion and Polk counties, have qualified for first phase that allows gatherings of up to 25 people with social distancing measures in place. But frustrations over the disruptions to daily life have boiled up. Last week, President Trump demanded that churches be allowed to hold services again.
According to Todd Sprague, spokesman for the Supreme Court, attorneys for the state will file a brief with the court by Thursday. The Pacific Justice Institute and Common Sense for Oregon have until Tuesday, June 2, to file briefs.
Once the briefs are filed, there is not a specific timeline for a decision, according to Sprague.
Contact reporter Jake Thomas at 503-575-1251 or [email protected] or @jakethomas2009.
