Liability Concerns For Religious Organizations During The COVID-19 Pandemic.pdf

To: Senate Committee on the Judiciary

From: Kelly Shackelford (President & CEO), Michael Berry (General Counsel)

Date: May 12, 2020

Introduction:
First Liberty Institute, America's largest legal organization dedicated to protecting religious liberty, submits this statement regarding liability during the COVID-19 pandemic. We represent over 300 religious organizations across the nation, many of whom are concerned about potential liability exposure as they reopen and serve their communities.

Key Concerns:

1. Suits Blaming Houses of Worship: Religious organizations face a wave of lawsuits blaming them for individuals contracting COVID-19 who attended gatherings or received charity. These suits could have devastating financial consequences, forcing many organizations to cease operations.

2. Contradictory Guidelines: The proliferation of complex and often contradictory local, state, and federal guidelines makes it impossible for religious groups to follow every recommendation. Some may attempt to hold them liable for not adhering to the most stringent or obscure guidelines from other regions.

3. Emotional Harm Lawsuits: Similar litigation is already pending against for-profit entities like cruise lines, seeking punitive damages for alleged emotional harm, not just physical illness.

Proposed Solution:
To prevent unintended consequences and ensure religious organizations can continue serving Americans, we propose Congress provide:

- Immunity or Limited Liability: Protecting religious organizations from negligence suits resulting from reopening in accordance with local orders, modeled after liability limits for medical professionals and manufacturers of protective equipment.
- Gross Negligence Standard: Establishing a gross negligence or willful misconduct standard to ensure only egregious conduct is liable.

Impact:
This protection will:

- Ensure religious organizations can continue their vital work serving the public.
- Reassure ministries that voluntarily closed they can safely reopen.
- Prevent lawsuits from forcing many organizations to close permanently.

Conclusion:
First Liberty Institute urges Congress to act swiftly, providing this reasonable measure of protection to America's faith communities as they rebuild and serve during and after the pandemic.