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Newsom had the right to ban church services during pandemic, federal judge rules...
KTLA NEWS ^ | May 5, 2020 | AP

Posted on 05/06/2020 7:40:44 AM PDT by L.A.Justice

California Gov. Gavin Newsom had the right to ban church assemblies in the interest of public health during the coronavirus outbreak, a federal judge ruled Tuesday.

Newsom’s stay-at-home order did not violate the constitutional rights to free assembly and religion when the Cross Culture Christian Center in Lodi was ordered to cease holding services, Judge John Mendez ruled in Sacramento.

Pastor Jonathan Duncan had continued to assemble his congregation after the governor banned public gatherings in March despite warnings it was in violation of state and local orders. The church of fewer than 50 members said it was obeying federal guidelines to prevent spread of the virus.

(Excerpt) Read more at ktla.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: California
KEYWORDS: california; coronavirus
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Mendez said state and local stay-at-home orders were a valid exercise of emergency police powers and didn’t violate the church’s constitutional rights. Mendez noted that the Supreme Court over 100 years ago upheld the government’s right to exercise police powers to promote public safety during a public health crisis.

“During public health crises, new considerations come to bear, and government officials must ask whether even fundamental rights must give way to a deeper need to control the spread of infectious disease and protect the lives of society’s most vulnerable,” Mendez wrote.

______________________________________

Governor Gavin should be very happy...At this time, he could issue any order and get away with it...Like a king...

A federal judge is not likely to stop him...Not in this case...

1 posted on 05/06/2020 7:40:45 AM PDT by L.A.Justice
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To: L.A.Justice
Appeal the ruling!

It MUST fall!

2 posted on 05/06/2020 7:41:46 AM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: L.A.Justice
Appeal the ruling!

It MUST fall!

3 posted on 05/06/2020 7:41:47 AM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: L.A.Justice

This one is going all the way to SCOTUS.


4 posted on 05/06/2020 7:43:14 AM PDT by rdl6989
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To: L.A.Justice
"during a public health crisis."

One could make the case that this 'health crisis" was manufactured, based on false information. Past 'health crises' were not handled in this strong arm manner, so why this one?

5 posted on 05/06/2020 7:45:30 AM PDT by Michael.SF. (Youth, speed and energy can always be overcome with experience and treachery.)
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To: Michael.SF.

Apparently all over the Internet people think otherwise. Screaming about cops massacring people walking outside in Spanish Flu. Now, the one thing I could say is that people could attend church over an Internet broadcast, but still, I can’t help but notice a great deal of hypocrisy or being above the rules for rich people and politicians.


6 posted on 05/06/2020 7:49:21 AM PDT by Morpheus2009
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To: L.A.Justice
“During public health crises, new considerations come to bear, and government officials must ask whether even fundamental rights must give way to a deeper need to control the spread of infectious disease and protect the lives of society’s most vulnerable,” Mendez wrote.

Really? Where in the US Constitution is this principle stated?
7 posted on 05/06/2020 7:50:35 AM PDT by AnotherUnixGeek
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To: L.A.Justice

There are a lot of things that are legal to do but STUPID nonetheless.


8 posted on 05/06/2020 7:50:55 AM PDT by Don Corleone (The truth the whole truth and nothing but the truth)
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To: L.A.Justice

So, we have no constitutions if the governor says the magic words, “State of Emergency”? Seems we need a better governing document then.


9 posted on 05/06/2020 7:52:46 AM PDT by CodeToad (Arm Up! They Have!)
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To: L.A.Justice

>>Newsom’s stay-at-home order did not violate the constitutional rights to free assembly and religion

This would not pass Constitutional challenge

And yet the Anti-Christian League of Uglies isn’t there for you or me.


10 posted on 05/06/2020 7:54:01 AM PDT by a fool in paradise (Joe Biden- “First thing I’d do is repeal those Trump tax cuts.” (May 4th, 2019))
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To: AnotherUnixGeek

That is not an unreasonable statement, but the considerations must be applied equally to all businesses and organizations. If retail can be allowed to open with guidelines, so should churches.


11 posted on 05/06/2020 7:54:06 AM PDT by nwrep
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To: L.A.Justice
Mendez noted that the Supreme Court over 100 years ago upheld the government’s right to exercise police powers to promote public safety during a public health crisis.

THIS! From man's law. Romans 13:1-7 for God's law.

12 posted on 05/06/2020 7:54:18 AM PDT by Drango (1776 = 2020)
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To: rdl6989
If we treated "values" as we do "species", Liberty would have been recently moved from the "Threatened Values List" to the "Endangered Values List"

But far too many Americans, under the intoxicating spell of the media, by politicians and by "The Experts" who are working long hours to sustain a high level of fear of the Chinese virus, remain hysterical and have no time to consider "frivolities" or "abstract concepts" such as liberty and freedom. The only concern of many Americans -- their concern above everything else -- is that their governor keep them "safe".

These people are selfishly spending their children's liberty endowment to meet the massively high cost of "safety".

13 posted on 05/06/2020 7:55:53 AM PDT by glennaro (Dennis Prager: "Until It's Safe" means "Never")
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To: L.A.Justice

18 U.S.C. §242

This applies to you too, judge.


14 posted on 05/06/2020 7:58:07 AM PDT by null and void (By the pricking of my lungs, Something wicked this way comes ...)
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To: L.A.Justice
There's a federal judge that needs to be impeached, because the Constitution clears states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The Constitution overrides any state edict that might render the 1st amendment moot, period. End of discussion. Judge needs to be removed.

15 posted on 05/06/2020 7:59:26 AM PDT by Robert DeLong
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To: All

So the constitution gets tossed because the Governor decides there is a public health crisis with no due process and no end date? Think climate change for instance. So watch the Wisconsin rats use this to if their SC smacks down the Rat Governor. This better get appealed or the rats just found a way to ignore the bill of rights.


16 posted on 05/06/2020 7:59:40 AM PDT by gibsonguy
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To: L.A.Justice

Wow... really? The judge just declare that Newsom’s outright ban on church services and people assembling together does NOT infringe, in anyway, on their right to assemble and exercise their religion?

Black is white too I guess.


17 posted on 05/06/2020 8:04:09 AM PDT by Skywise
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To: L.A.Justice

Now do Muslims!


18 posted on 05/06/2020 8:05:17 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: L.A.Justice

You know, this is a small step from banning churches because they do not follow approved leftie political correctness.


19 posted on 05/06/2020 8:08:51 AM PDT by Fido969 (In!)
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To: L.A.Justice

All I can say to these dictators is don’t forget the historical score card;

Christians 1, Roman Empire 0.


20 posted on 05/06/2020 8:10:34 AM PDT by Hillarys Gate Cult
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