"Such decrees may not be employed arbitrarily, for example, to target a particular religion or religion in general. They must be public, clear, and transparent. They should be preceded by consultation with the religious communities involved."
Decrees banning religious freedom also "must be grounded in overwhelming evidence, available to all, that public health would be severely endangered without such a decree. They must be time-limited, with a clear and public expression of when the ban will end," Farr told CNA.
The Diocese of Rome announced the cancellation of all public Masses shortly after the Italian government decree went into effect. Since then, Church leaders in Rome have debated whether churches in Rome could remain open for private prayer during a national quarantine.
"It is of course the right and the duty of any religious community to challenge in lawful ways any act by government that it considers an illicit restriction of its religious freedom. In some cases a community might find itself in the position of needing to engage in principled, civil disobedience. As I understand it the Catholic Bishops of Italy and the Holy Father have agreed to this decree, from which I infer they believe it prudent and just," Farr said.
"It would be difficult to imagine such a sweeping decree in the United States, where the Constitution provides to all Americans and all their religious communities the right of free exercise of religion. However, should there be clear and overwhelming evidence that, in particular locations, the public health required a ban on all gatherings, it is not inconceivable," Farr said.
Numerous state governments have announced prohibitions on gatherings of more than 250 people in recent days.
The Archdiocese of Seattle was the first in the U.S. to cancel public Masses in response to a government directive, and dozens of dioceses have followed suit. Others have granted general dispensations from the obligation to attend Sunday Mass, and some bishops, like Archbishop Alexander Sample of Portland, have encouraged parishes with high Sunday Mass attendance to consider adding more Masses.
Farr said that such banning large gatherings, if not specifically targeting religion, is understood to be within the government's prerogative at a time of crisis.
"An American bishop bringing suit against a ban, whatever its size, would very likely prevail if the ban were only on religious gatherings. However, he would have trouble prevailing if the ban is on all gatherings, religious or not, and the act is easily justified by a dire threat to public health and welfare," Farr said.
"Speaking as a Catholic for whom the sacraments are not optional, and are necessary to health and welfare, however, I would hope that the Italian Church, or the Church in any jurisdiction would do everything it could reasonably do to make the sacraments available in ways that would be consistent with just authority," he added.