Supreme Court sides with churches against California on coronavirus restrictions

Washington Examiner ^ | 12/3/2020 | Nicholas Rowan

[RightGeek]

The Supreme Court on Thursday sided with churches against California's coronavirus gathering restrictions.

In an unsigned opinion, the court granted the churches injunctive relief and sent the case back to the 9th Circuit Court of Appeals. The Supreme Court asked the lower court to consider the churches' plea in light of a decision in which New York houses of worship sued to undo Gov. Andrew Cuomo's restrictions. In that case, the court granted an injunction to Catholic churches and Jewish synagogues, saying they were treated unequally in lockdown orders.

Attorneys for the California churches, run by Harvest Rock Church and Harvest International Ministries, celebrated the win, with Liberty Counsel Chairman Mat Staver, who is defending them, saying that "the handwriting is now on the wall" for Gov. Gavin Newsom ...

Harvest Rock has been locked in a legal debate with Newsom since July, when he ordered that all churches cease singing and move services outdoors. More recently, Newsom introduced a tiered system of reopening that drew outrage from many churches in the most restricted regions of the state.

Harvest Rock appealed to the Supreme Court in November, accusing Newsom of violating the First Amendment's free exercise clause. The church also alleged that Newsom treated churches and business unequally, pointing to an incident in which Newsom himself attended a large indoor dinner party, maskless and around a large table.

"Despite his nine-month reign of executive edicts subjugating Californians to restrictions unknown to constitutional law, the Governor continues to impose draconian and unconscionable prohibitions on the daily life of all Californians that even the Governor disregards at his own whim," the churches' complaint said.

Attorney General Xavier Becerra on Monday urged the court to ignore the church's appeal, citing the health concerns raised by the pandemic.

[RightGeek]

Put the hammer down.

[GOP Poet]

bookmark

[TiGuy22]

5-4?

[Harpotoo]

God Bless President Trump and his newly configured SCOTUS and the 9th Circuit! If it’s GOODBYE well he’s left the US with a great Present!

[circlecity]

I’m betting without ACB we wouldn’t have gotten this win.

[JoSixChip]

How long have the supremes’ had the Pennsylvania election case in front of them? They have not accepted or rejected it yet to my knowledge. A slow response is not a good sign. But if they do not take it up, they are ether corrupt or cowards. I believe both.

[cuban leaf]

...treated unequally in lockdown orders.

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The money quote. If you are going to tell some organizations they can’t meet and others they can, you are violating the constitution. This also applies to “critical” businesses vs non-critical. If my business feeds my family, it’s critical, even if it’s a baseball card shop.

[dhs12345]

Plus, the free practice of religious freedom is explicitly stated in the first amendment.

[Wilhelm Tell]

I bet Roberts will “evolve” into being one of the most leftist Justices.

[Redbob]

When they say it’s “unsigned”, that likely means it was decided by a single justice, to send it back to the 9th Circus to re-examine based on the NYC decision

[alancarp]

Hmmmm, that “treated unequally” phrase is at the core of the Trump election cases, too.

[chuknchez]

Lin Wood has been speculating there is a John Roberts on Epstien’s flight logs, Know you know why

[olivia3boys]

My church in CA is being kind of lame about it. They announced months ago they “wouldn’t reopen until Jan,” and did zoom/online only for months. Just two months ago they finally started offering once a month services, outdoor (which is great—we have the weather for it).

I don’t see why they can’t hold outdoor services once a week, at least until the rains come (it only rains in CA in the winter, basically).

My church is being as uncreative and dare I say lazy as the schools are in CA.

[glasseye]

Sucks to be stuck in CA.
Too many democrats means you have fewer rights here, and garbage judges allow it.
Paradise lost...

[JoanSmith]

My church specifically wrote a public letter to newsom telling him they’re going to practice the way they want after seeing how the protests were allowed with zero concern for covid concerns.

[Buckeye McFrog]

I’ve seem criticism on other boards (seemingly valid) that this ruling is based on equal protection when, in fact, religion is entitled to UNIQUE and SUPREME PROTECTION under the First Amendment.

Fears were expressed that government could still shut down churches by applying the shutdown equally to all parties (Walmart, Target, etc.)

Fortunately Walmart has tons of lobbyists so as a practical matter it will never happen. But it’s a judicial error that needs fixing.

[cuban leaf]

Fears were expressed that government could still shut down churches by applying the shutdown equally to all parties (Walmart, Target, etc.)

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But they can’t do that without martial law. The country would collapse into chaos in a matter of days.

[Ol' Dan Tucker]

My church is being as uncreative and dare I say lazy as the schools are in CA.

Time to find a new church...

[conservatism_IS_compassion]

I’ve seem criticism on other boards (seemingly valid) that this ruling is based on equal protection when, in fact, religion is entitled to UNIQUE and SUPREME PROTECTION under the First Amendment.

“Rights” are things the government is not entitled to violate. Prudence may demand that I eschew meeting in a crowded church - but the government is not uniquely prudent.

The governor of NY lost that recent SCOTUS case; his personal history includes a diktat which put nursing home residents in danger - and no few of them died. The governor's order might have been prudent - but whether prudent or no, it was certainly presumptuous.

It’s that freedom - that so-called “negative liberty” - thing . . .