The department said it has filed a “statement of interest” in support of the 850-member church, which filed a complaint in federal court last week, arguing that the city had violated the First and Fifth Amendments to the U.S. Constitution and the Religious Freedom Restoration Act.

The DOJ has argued that “the Constitution and federal law require the District of Columbia to accommodate Capitol Hill Baptist Church’s effort to hold worship services outdoors, at least to the same extent the District of Columbia allows other forms of outdoor First Amendment activity, such as peaceful protests.”

In March, Mayor Bowser issued an executive order that, among other things, barred CHBC and other churches from gathering for indoor and outdoor in-person worship.

According to the church’s lawsuit, the city is prohibiting worship gatherings of over 100 people or 50% of building capacity (whichever is fewer) “even if held outdoors and even if worshippers wear masks and practice appropriate social distancing.”

Acting U.S. Attorney Michael Sherwin for the District of Columbia stated, “One of the most foundational rights protected by the Bill of Rights is the free exercise of religion. The Justice Department is committed to upholding all the civil rights protected under the first amendment, be it peaceable assembly in protest or practicing faith.”

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