Foundation for Moral Law wins religious freedom victory in Louisiana

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The Foundation for Moral Law, an Alabama-based nonprofit organization dedicated to the defense of religious liberty, claimed victory in a Louisiana case involving Pastor Aaron Spell of Life Tabernacle in Central, Louisiana. Spell was cited for six misdemeanor violations of the Governor’s church closing order in 2020.

In 2020, in response to the COVID pandemic, Louisiana Governor John Bel Edwards issued an executive order closing most businesses, including churches with ten or more people. Exceptions were provided for certain “essential” businesses, but the order did not classify churches as essential. However, Spell continued to hold worship services and was arrested for doing so.

Pastor Spell contacted the Foundation for Moral Law for assistance. Judge Roy Moore, the founder of the foundation, agreed to defend him. They also retained Louisiana Attorney Jeffrey Wittenbrink as local counsel. While adjudication continues in federal court, now at the 5th Circuit Court of Appeals, Attorney Wittenbrink appealed to the Louisiana Supreme Court to quash the criminal charges against Pastor Spell. Wittenbrink argued that this was unconstitutional state interference with the church in violation of the First Amendment and of various state constitutional provisions and statutes.

On Friday, May 13, the Louisiana Supreme Court ruled in favor of Pastor Spell and his church, quashing the misdemeanor citations. The Court held that the Governor’s orders were unconstitutional because they discriminated against religion by exempting other activities and that the Governor had failed to show evidence that these restrictions were necessary to protect the public.

“Pandemic or not,” the Court said, “this court cannot look the other way when the state infringes upon a citizen’s fundamental right to exercise his religion.”

Judge Moore said on behalf of Spell, “Religious liberty is the first and foremost right granted by God and guaranteed by the First Amendment to the United States Constitution, and by the Louisiana State Constitution as well. The Foundation hails this case as a milestone in the defense of freedom.”

Attorney Wittenbrink added, “Even the dissenting opinion refrained from saying the Governor’s orders were constitutional. The dissent only wanted to remand the case to the lower court to make more findings of fact to support its conclusion. But the majority held that the State had the burden to produce that evidence and that the State had failed to do so.”

Pastor Spell thanked God for moving the courts to grant this victory and for leading him to the Foundation. “All along,” he said, we have placed ourselves in God’s hands and declared with the apostles in Acts 5:29, ‘We ought to obey God rather than men.’ We are thankful for this victory and will continue to preach and worship Jesus Christ as he has commanded us.”

The case will now proceed in the 5th Circuit Court of Appeals on the issue of state interference with the church using COVID restrictions as an excuse to violate the Establishment Clause of the First Amendment to the United States Constitution.