Supreme Court Rejects Church's Challenge To California's Coronavirus Rules

[jayem]

In a 5-4 decision issued late Friday, Chief Justice John Roberts sided with the court's liberal bloc in upholding the state's right to impose limits on congregations in order to slow the spread of COVID-19.

"Although California's guidelines place restrictions on places of worship, those restrictions appear consistent with the Free Exercise Clause of the First Amendment," Roberts said, in an opinion that denied a request by the South Bay United Pentecostal Church for relief from the rules..."

The free exercise clause is not absolute. It has never been held that the 1st Amendment protects any and all kinds of religious practice. As Warren Jeffs found out, his religious belief--even if sincere--didn't allow him to marry a 12 year old. David Koresh's bizarre apocalyptic beliefs didn't mean his Branch Davidian cult could hoard mass quantities of illegal machine guns and grenades. Or that they could refuse to let authorities, who had legally-issued warrants, search for illegal weapons. You cannot break the law, or endanger others under the cover of religious freedom. As long as it's reasonable, appropriate to the situation, and applied equally to all faiths, a state can regulate religious practice in the interest of protecting persons' health and well-being. That should be common sense.

Supreme Court Rejects Church's Challenge To California's Coronavirus Rules

 

[Hank77]

“Although California’s guidelines place restrictions on places of worship, those restrictions appear consistent with the free exercise clause of the First Amendment,” Roberts wrote.

“Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports, and theatrical performances, where large groups of people gather in close proximity for extended periods of time,” he wrote.

Supreme Court denies California church's challenge to state restrictions

I think his entire reasoning for his judgement is important.

 

[keith99]

“Although California’s guidelines place restrictions on places of worship, those restrictions appear consistent with the free exercise clause of the First Amendment,” Roberts wrote.

“Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports, and theatrical performances, where large groups of people gather in close proximity for extended periods of time,” he wrote.

Supreme Court denies California church's challenge to state restrictions

I think his entire reasoning for his judgement is important.

Absolutely. But I cannot remember a single case where religious groups were singled out compared to secular groups. Meaning religious groups in general. Non Christian religious groups have been singled out.

 

[com7fy8]

Now, if hundreds of thousands of fans could hoard to a football game, but churches had to have six-foot distancing . . . I think that would be questionable.

And I suppose any church people can meet outside in groups of ten, with a minister. There would be fresh air, and others would be free to listen from a reasonable distance. And the meetings would not have to be all at the same location and time. Tens could be in back yards, at a park, in a church, in a Zoom meeting; and if anyone came along and moved in a direction to violate the space, they could break up and move away long enough to take care of that, then get back with one another.

And if a church is successful, there can be plenty of ministerial people who each can care for a ten-group.

And do they have anything else to do . . . by the way? Ones have less to do, now; so I would think now they have time to meet more times for each ten-group during a week, with more personal sharing like Jesus in the garden with His disciples.

So - - I find it intriguing how people are writing texts to say they miss people . . . to ones they could call on the phone and/or meet somewhere. May be it would cost too much for gas. Well, then, that would mean a church is money dependent and car dependent . . . with everyone already at a social distance. So, in such a case, why fuss about six feet if already everyone in a church is ok with six miles or more and don't even know where others live???? If you're short on money and gas, ride a bicycle or walk, and go to someone who might be disabled, who can listen out a window.

So, I am curious how after about three months, ones are still missing each other. Any of us who knows God and His word can visit someone, at least from outside a window . . . I think. And if Jesus says to do things in secret, it doesn't matter if you can't see each other's faces . . . I suppose

 

[lasthero]

I've been doing church over Zoom for the past few months, and it's kind of growing on me, have to say. No programs, can use the bathroom and eat what I want, don't have to dress up, don't have to drive, don't have to go to sleep early the night before. It's like church, without all the things that annoy me about church.

 

[Hank77]

So, I am curious how after about three months, ones are still missing each other. Any of us who knows God and His word can visit someone, at least from outside a window . . . I think. And if Jesus says to do things in secret, it doesn't matter if you can't see each other's faces . . . I suppose

My daughter has been bringing our 4 yr. old grandson to see us. They're on the back porch at the slider door on her cell phone and we're inside on a cell phone. We can talk to each other, laugh, and blow kisses.
If we can do it this way surely others can visit church friends and family.

 

[FireDragon76]

I'm impressed by Roberts in his ability to rise above tribalism, but not surprised at all by Kavanaugh's mental laziness and slavish adherence to ideology.

 

[jayem]

I'm impressed by Roberts in his ability to rise above tribalism, but not surprised at all by Kavanaugh's mental laziness and slavish adherence to ideology.

Don't forget that Chief Justice Roberts was also the 5th vote that upheld most of ACA back in 2012 (National Federation v. Sebelius.) He's assumed Tony Kennedy's role as the crucial swing vote. He doesn't reliably toe the conservative line on some hot button cases. His votes are based on his interpretation of the Constitution. Not on partisan ideology. Which makes him a sharp thorn in the side of right wing zealots.

 

[essentialsaltes]

Duelling California Headlines
or
What a Difference a Justice Makes

Supreme Court gives partial win to churches fighting California’s limits on indoor worship services

The Supreme Court told California judges on Thursday to take another hard look at state rules that ban most indoor worship services.

A week ago, the justices in a 5-4 decision lifted tight limits on churches and synagogues in neighborhoods of New York City where the virus was spreading. The court said those restrictions violated the 1st Amendment’s protection for the free exercise of religion.

Rather than issue a separate decision responding to a religious-liberty challenge to California’s restrictions, the high court issued a brief, unsigned order on Thursday telling federal judges in the Los Angeles area to reconsider Gov. Gavin Newsom’s even tighter restrictions on worship services in all of the population centers of California.

While the court’s order appears to have no immediate legal impact, it suggests the state’s ban on indoor services is likely to fall.

In late May, the high court had rejected a religious-liberty challenge to Newsom’s earlier restrictions, which limited indoor church gatherings to 100 people. Then, Chief Justice John G. Roberts Jr. cast a deciding vote and said judges should be wary of second-guessing state and local officials who are trying to restrain the pandemic.

But since then, the death of Justice Ruth Bader Ginsburg and her replacement by Justice Amy Coney Barrett has shifted the majority. And the court now appears ready to strike down state restrictions on worship services that are more severe than the rules affecting retailers, offices and factories.

Pastor dies of COVID-19 weeks after Fontana megachurch reopened [illegally] for indoor services

An associate pastor for a megachurch in San Bernardino County died of COVID-19 about a month after the facility reopened indoor services.

Bob Bryant of the Water of Life Community Church in Fontana tested positive for the coronavirus in November and soon developed an aggressive pneumonia in his lungs, according to a post on the church’s Facebook site. He then suffered a heart attack. He ultimately was placed on a ventilator and died Monday. He was 58.