Reference no: EM133629197

Question: On March 22, 2020, the Governor of Louisiana issued a stay-at-home order effective 5 pm Monday March 23, 2020. The order was the result of significant Covid - 19 spread after Mardi Gras celebrations in New Orleans and other parts of the state. The order also included a provision that gatherings of 50 or more people were prohibited.
Two days later, on Tuesday March 24, 2020 a church in Central Louisiana, hosted a church service where more than 100 people attended. When the pastor was asked by a local news agency about the risk of getting or spreading COVID -19 the Pastor of the church said "It is not a concern.... We hold our religious rights dear and we are going to assemble no matter what someone says." He later told the news service he does not believe his congregation is at risk of getting COVID-19.
On Sunday, March 29, 2020, that same church held religious services where it was reported that nearly 550 people attended. Shortly thereafter, the Sheriff of the Parish issued summons to the Pastor for violation of the Governor's Executive Order.
Approximately a month later, in another State, a different Governor issued an order that not only limited the number of people in attendance at a church (25% of the church capacity), but also prohibited singing during the religious services (Studies showed that when people sing, they are likely to project their voices more than when simply praying/talking, and that for people singing, 6 feet social distancing does little to limit spread of the virus)
A) The First Amendment provides that Congress shall make no law respecting the establishment of religion or the free exercise thereof...
1) Would Louisiana be violating the rights of this church's congregants to freely exercise their religion when it limited services to 50 people?
2) Can Louisiana prosecute the pastor of the church for holding church services that have more than 50 people in attendance.
B) Does the prohibition of singing during religious services violate the free exercise clause of the First Amendment?
Your answers should be in 3 parts - A1, A2 and B.
For question A1 and B, explain the arguments supporting why the Governors' order may violate the free exercise clause,
For Answer A2, please explain if the pastor can be prosecuted for holding a service with more than 50 people attending.