In response to a lawsuit filed on April 30, 2020 by the Thomas More Society, on behalf of The Beloved Church and Pastor Stephen Cassell, Illinois Governor “JB” Pritzker has modified his new Executive Order. The governor will now allow residents to leave their homes “to engage in the free exercise of religion,” placing it on the list of “essential activities.” The new executive order encourages churches to reopen for “drive-in services” and allows small in-person gatherings. Previously, Illinois was one of only 10 states that entirely banned religious services.

“The people of faith in Illinois stood up and secured a win for their first liberty: the free exercise of religion,” said Peter Breen, Thomas More Society Vice President and Senior Counsel.

Breen continued:

“Calling religious freedom ‘non-essential’ was an insult to people of faith, but we succeeded in returning this fundamental right to the ‘essential’ list. We can now celebrate the fact that the ban on religious services in Illinois has been lifted – every church and pastor in the Land of Lincoln can bring their flock together at least for drive-in services or small gatherings, as appropriate. This is a welcome way on the road to that day when our churches are full again.”

The Pritzker administration had released its most recent Executive Order to the media several days ago. That draft included no religious freedom language, and at his press conference on April 30, 2020, despite repeated questioning about the Thomas More Society’s lawsuit and religious freedom, the governor made no mention of changing the order. Then, Governor Pritzker quietly issued his new order, which included previously unseen religious freedom language.

Below is the wording of the order as it was to be released:

e. To take care of others. To care for a family member, friend, or pet in another household, and to transport family members, friends, or pets as allowed by this Executive Order.

6. Elderly people and those who are vulnerable as a result of illness should take additional precautions. People at high risk of severe illness from COVID-19, including elderly people and those who are sick, are urged to stay in their residence to the extent possible except as necessary to seek medical care. Nothing in the Executive Order prevents the Illinois Department of Public Health or local public health departments from issuing and enforcing isolation and quarantine orders pursuant to the Department of Public Health Act, 20 ILCS 2305.

A link to the original order can be found here.

And here is the wording of the order as it was released:

v. To take care of others. To care for a family member, friend, or pet in another household, and to transport family members, friends, or pets as allowed by this Executive Order.

vi. To engage in the free exercise of religion. To engage in the free exercise of religion, provided that such exercise must comply with Social Distancing Requirements and the limit on gatherings of more than ten people in keeping with CDC guidelines for the protection of public health. Religious organizations and houses of worship are encouraged to use online or drive-in services to protect the health and safety of their congregants.

6. Elderly people and those who are vulnerable as a result of illness should take additional precautions. People at high risk of severe illness from COVID-19, including elderly people and those who are sick, are urged to stay in their residence to the extent possible except as necessary to seek medical care. Nothing in the Executive Order prevents the Illinois Department of Public Health or local public health departments from issuing and enforcing isolation and quarantine orders pursuant to the Department of Public Health Act, 20 ILCS 2305.

A link to the revised order can be found here.

The Thomas More Society’s lawsuit will continue, as the new Executive Order provides only a partial victory for The Beloved Church and Cassell. That case is pending before United States District Judge John Z. Lee, of the Northern District of Illinois. The court has ordered expedited briefing on the Thomas More Society’s request for a temporary restraining order to allow Cassell and The Beloved Church to hold services this Sunday.

Read the Thomas More Society’s Verified Complaint for Declaratory and Injunctive Relief, and Money Damages on behalf of The Beloved Church and Pastor Stephen Cassell, filed April 30, 2020, with the United States District Court for the Northern District of Illinois Western Division in The Beloved Church, et al v. Jay Robert Pritzker, et al, here and the Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction here.

A source for states that have banned religious services can be found here.