Attorney General Ellison: Houses of worship “are not buildings,” they are “the people who use the buildings”

Votes to approve Executive Order 20-26 — will continue to defend Governor’s emergency authority, uphold law and executive orders “without fear or favor or special treatment”

Supports allowing local authorities to enact stronger protections against COVID-19

May 26, 2020 (SAINT PAUL) — Minnesota Attorney General Keith Ellison made the following statement (text as prepared for delivery) at today’s meeting of the Executive Council, on his vote to approve Executive Order 20-62:

Governor, before we vote, I’d like to make a brief statement. First, I’d like to thank you. You’ve communicated effectively with the public. You’ve made science-based and health-based decisions. You’ve consulted your team and the entire community. You've led the charge for contact-tracing. You’ve led the charge to increase testing. You’ve been empathetic to all, including small businesses, faith communities, and most of all, the families who have lost loved ones to COVID-19. You’re listening and you’ve put in many, many hours. Minnesotans rightfully give you high marks. I’m one of them.

As you know, as an independently-elected constitutional officer, I discharge my duties based on the constitution and laws of our state, and as I my conscience requires. My conscience has required me to support you. I have been honored to do so and proud to work with you. I have directed my staff to be available and I will continue to do so.

We’ve made some tough decisions on the Executive Council. For me, this is the single toughest decision. Because the numbers are rising. The positive cases are mounting. The deaths are mounting. We have not peaked yet. Your executive orders have saved lives

and have kept the cases at a manageable level so medical professionals can handle a spike, but cases are not going down yet.

But now we are faced with voting to relax restrictions for houses of worship while COVID-19 cases are still mounting. Why? Because as everyone who reads the news knows, two powerful faith organizations declared that they intended to openly defy Executive Order 20-56, without regard to the law or the mounting human tragedy brought on by COVID-19. I have no information about whether these declarations are related to the President’s call for faith communities to open. I certainly hope not. My hope is that we are all guided by the health and safety of Minnesotans and Americans, not political positioning or partisan advantage.

Like everyone, I’m sick of this pandemic. But there’s no vaccine. Physical distancing and masking and sanitizing are our defenses. Staying home continues to be our best defense. So I’m concerned about this executive order — and how it came to be in front of us today. I pray for the people who may fall ill before we learn what the effects of it will be.

But I’m going to vote in favor of the motion to approve Executive Order 20-62 because I trust you. And I’m going to vote for it because I know that we can change it if more people contract COVID-19 or die from it because of the relaxation of health and safety rules. If cases mount, we can and must dial back. I hope we will.

I’m also in favor of letting local communities enact stronger protections against COVID-19 than provided for in executive orders. It is true that different parts of our state have so far been impacted differently. Allowing communities where COVID-19 has taken an especially high toll to enact stronger protections against it is a common-sense measure. I hope we will see it soon.

I want to say to all Minnesotans that this executive order does not say houses of worship must open to 250 or 25%, whichever is less. It says they may. I want to thank those leaders of all faiths who have taken COVID-19 seriously and done the right thing by their congregations by keeping them safe, because protecting life is the moral imperative. They have held Easter services and seders and iftars on Zoom instead. Many faith leaders in Minnesota have not only shown great care for their congregations in keeping them home, but great creativity in keeping them connected to their God.

I am a believing person. And I know that I am in direct contact with the Creator whether I can sit in a brick-and-mortar space right now or not. The church, mosque, synagogue, and temple are not buildings. The church, mosque, synagogue, and temple are the people who use the buildings. Our houses of worship aren’t closed and re-opening doors won’t open them. They are already open: they’re open servicing the poor, sick, and needy, they’re delivering meals, they’re ministering online to the spiritual needs of their people.

So to be clear, this executive order is not reopening churches, because churches were never closed. The doors may have been closed, but the generosity, the love, and the faith were always open.

I also want you to know that I stand ready to use the resources of my office to enforce the executive orders, one and all. We have taken actions against price-gougers, fraudsters, illegal evictors, and recently, businesses threatening to reopen illegally. Your executive orders have the force of law when they are approved by the Executive Council. I will continue to enforce the law, as is my duty, without fear or favor or special treatment. I will also continue to defend your authority to protect the lives and well-being of Minnesotans — including, if need be, against the president of the United States, who in my legal opinion has no power or legal authority to overrule your authority to protect Minnesotans in a peacetime emergency.

In closing, 900 Minnesota families know that COVID-19 is serious and deadly. Nine hundred Minnesota families have had to plan funerals for loved ones that they couldn’t visit in the hospital. They’ve had to plan funerals where they can’t gather in the numbers their loved one deserved and where they can’t even hug each other. Two people on this call have lost dear loved ones: the lieutenant governor lost her brother and I lost my mother. I don’t want anyone to feel the pain we felt. I will do what I can to protect everyone else from that pain.

Each of us has to decide what we will do. For me, it’s the single hardest call yet. But I will vote yes.