The state of Idaho violated its citizens’ constitutional rights during the first few weeks of the COVID-19 pandemic, according to a new legislative task force.
Shutting down churches, closing many businesses and ordering a statewide quarantine were just a few of the ways lawmakers found the state crossed the Idaho and U.S. constitutions in March 2020.
Sen. Dan Foreman (R-Moscow) co-chairs the committee that met Wednesday morning. He said officials had the best of intentions when they ordered churches to close, but that the freedom to gather and worship cannot be limited.
“If they are inalienable rights, that means you and I can never be separated from those rights,” Foreman said.
Sen. Ron Taylor (D-Ketchum) said he thinks the state went too far at times. But he disagrees that temporarily shutting down churches violated the First Amendment right to practice religion.
“We just said we’re closing houses of worship and all houses of worship were treated equally,” Taylor said.
Idaho included houses of worship in the first phase of reopening in May 2020.
A group of pastors in North Idaho sued over the restrictions, saying it not only violated their constitutional rights, but also led them to lose revenue when parishioners stayed home.
“As much as the Court would relish the opportunity to address issues of religious freedom, free speech, assembly, travel, and the other matters presented in this case,” the issue is moot, federal district court judge David Nye wrote in his 2021 opinion dismissing the case.
“There might come a day when this pandemic or another dire situation could cause severe restrictions of many constitutional and other legal rights, not just religious and travel ones. That could be a grave day for liberty. But those are situations for future days and future cases,” Nye wrote.
Businesses were allowed to reopen in stages, depending on the industry, with restaurants, bars and large entertainment venues left for last.
“I don’t know if anyone ever thought when they wrote the U.S. Constitution that we’d need to write a provision in there that we’re allowed to go into business,” said Rep. Rob Beiswenger (R-Horseshoe Bend).
Beiswenger said it even got to the point where neighbors were reporting each other to a state tip line he called the “snitch line.”
The study committee’s votes mainly fell along the party divide.
But the group unanimously found the state violated the law when it created an advisory group that initially spent federal emergency funds.
Lawmakers did not propose any sanctions on the governor or other state officials with their findings.
Copyright 2025 Boise State Public Radio
