9th Circuit Rejects Church's Challenge On COVID Restrictions

Religion Clause ^ | 2/16/21 | Howard Friedman

[marshmallow]

In Gateway City Church v. Newsom, (9th Cir., Feb. 12, 2021), the U.S. 9th Circuit Court of Appeals upheld a Santa Clara County, California COVID-19 Order that prohibits all indoor gatherings, including worship services. The court said in part:

The challenged ban on indoor “gatherings” ... applies equally to all indoor gatherings of any kind or type, whether public or private, religious or secular. The Directive, which appears to affect far more activities than most other jurisdictions’ health measures, does not “single out houses of worship” for worse treatment than secular activities.

[Thommas]

Screw the First Amendment, we’re the 9th Circuit Court of Appeals.

[AndyJackson]

Screw the First Amendment

You can sit in the living room of your home - with your mask on - and say whatever you want - provided you are not spouting white privilege [you have a living room?] hate speech. What's your problem?

[TexasGurl24]

Panel was made up of a Carter, Clinton and Obama judge.

[teeman8r]

“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 except when the government equally oppresses all peoples in all places.”

there. fixed it.

[Deepeasttx]

What happened to ‘separation of church and state’? Both are to coexist as separate entities...without interfering with each other. This country is nose-diving into anarchy/tyranny. Communism is right around the corner. Lord help us!

[Safrguns]

I thought Trump fixed that court.

[kvanbrunt2]

Just sell a can of peas to everyone entering the church. Then they get to donate them to the church when you leave.

[Trump Girl Kit Cat]

Boy a whole lot of good all those great judges McConnell got through are doing us!! Same old, same old BS!!

[Persevero]

Nonsense you can gather in any retail establishment

[Persevero]

Houses of worship are supposed to be singled out ... for extra protection. Not treated equally.

[Yogafist]

Wow. This makes me really confident about Xiden’s coming gun control laws. Sure a good thing we have a “conservative court.”

[max americana]

I just came from Ash Wednesday yesterday and the outdoor chUrch was FULL, none of the 6-foot crap. It’s about enforcement and if no one says a thing, so be it. Our parishioners arent snitches and wont call the CDC hotline..

[MadMax, the Grinning Reaper]

This case, on appeal, could go to a full 9th Circuit Court or even to the Supreme Court because of opposite rulings in other state and Circuit courts.

Gonna be interesting to follow.

[oldenuff35]

I have to wonder of any of them place any value on the first amendment or the bill of rights?

[OrangeHoof]

It's been preached before that the persecution of the early Christians and the destruction of Jerusalem was God's way of telling Christ's apostles and disciples to get off their butts and start spreading the Gospel throughout the known world.

If the courts forbid indoor worship, then take the services outdoors with loudspeakers and bullhorns. Maybe some within earshot will be convicted of their sins who would have never set foot inside a church.

Then if the county wants to shut these outdoor services down, the clergy can ask "where else can be worship since you've already said we can't hold services indoors?"

No state probably needs Jesus more than California and no state probably hates Jesus more than California. When (not if) the "big one" hits, they will have no excuse for the death and devastation that will happen. It would be fitting if a fiery pit opened up around Hollywood or Height-Asbury.

[ArcadeQuarters]

So we meet again, 9th Circuit.

[stylin19a]

>>Screw the First Amendment, we’re the 9th Circuit Court of Appeals.<<
That's pretty much it

The church filed an amended complaint as such:

On December 9, 2020, Plaintiffs filed an Amended Complaint. Dkt. No. 40. The Amended Complaint asserts six claims under 42 U.S.C. § 1983:
(1) violation of the First Amendment freedom of assembly;
(2) violation of the First Amendment Free Exercise Clause;
(3) violation of the right to equal protection under the First Amendment;
(4) violation of the First Amendment freedom of speech;
(5) unreasonable seizure of property in violation of the Fourth Amendment; and
(6) violation of the Fourteenth Amendment “privileges and immunities” clause.
Plaintiffs also assert a seventh claim for declaratory relief.

https://law.justia.com/cases/federal/district-courts/california/candce/5:2020cv08241/369291/64/

Why give the court more reasons to make it easier to be ruled against?

While the church looked for relief under the 14th's “privileges and immunities” clause, it looks like the 9th ruled based on the 14th amendment equal protection clause?

weird all around...