The U.S. 9th Circuit Court of Appeals denied a San Diego area church’s request to overturn California’s COVID-19 restrictions on indoor worship gatherings although it acknowledged that the congregation is suffering “irreparable harm” due to the temporary ban.
South Bay United Pentecostal Church in San Diego, California | Google Maps
A federal judge has denied a San Diego-area church’s request to overturn California’s restrictions on in-person worship services after she was ordered to rehear the case following U.S. Supreme Court decisions striking down coronavirus-related worship restrictions.
South Bay United Pentecostal Church, based in Chula Vista, has been engaged in a lengthy legal battle with the state of California after Gov. Gavin Newsom implemented restrictions on in-person worship services as part of an effort to slow the spread of the coronavirus. The church attempted unsuccessfully to convince U.S. District Court Judge Cynthia Bashant to lift Newsom’s worship restrictions, which currently allow worship services to “open outdoors only with modifications.”
Key Cases
In
Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the U.S. Supreme Court enjoined enforcement of the 10- and 25-person occupancy limits on churches in New York Executive Order 202.68, pending appeal in the U.S. Court of Appeals for the Second Circuit. This was an abrupt shift for the court as compared with two cases reported on previously:
Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020) (see Holland & Knight s Religious Institutions Update: October 2020) and
South Bay Pentecostal Church v. Newsom, 140 S.Ct. 1613 (2020) (see Holland & Knight s Religious Institutions Update: July 2020). The court determined that the order was not neutral or generally applicable and thus was subject to strict scrutiny because it singled out houses of worship for especially harsh treatment. In addition, the court ruled that statements made in connection with the challenged rules could be viewed as targeting t
Genaro Molina/Los Angeles Times via AP, Pool
And now for some good news! Los Angeles County public health officials have ceased their unconstitutional oppression of religious assemblies like that of Pastor John MacArthur and the congregation of Grace Community Church.
In an announcement posted Saturday, officials declared that:
The Los Angeles County Health Officer Order will be modified today to align with recent Supreme Court rulings for places of worship. Places of worship are permitted to offer faith-based services both indoors and outdoors with mandatory physical distancing and face coverings over both the nose and mouth that must be worn at all times while on site.
Los Angeles Drops Church Attendance Restrictions
Los Angeles County says it’s dropping its tough restrictions on attendance at houses of worship after a series of recent U.S. Supreme Court rulings struck down pandemic-related church attendance limits across the country.
Lawyers for Harvest Rock Church, which beat the State of California at the Supreme Court earlier this month, hailed the decision.
Mat Staver, founder and chairman of Liberty Counsel, a public interest law firm headquartered in Orlando, Florida, is pleased with the county’s policy change.
“We are grateful for the U.S. Supreme Court’s rulings that are resulting in the unconstitutional worship bans falling like dominoes,” he said. “The Supreme Court has made it very clear that the courts and the states must begin applying the First Amendment to protect houses of worship. No pastor, church, or parishioner in America should have to choose between worship and prison.”