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Religious Institutions Update: December 2020 | Holland & Knight LLP


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 ....

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Some People Just Don't Get That the First Amendment Guarantees Freedom of Religious Practice and Assembly


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. ....

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Los Angeles Drops Church Attendance Restrictions


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.” ....

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L.A. County Reverses Ban On Indoor Religious Services Following Supreme Court Ruling


L.A. County Reverses Ban On Indoor Religious Services Following Supreme Court Ruling
The Los Angeles County Department of Public Health (LADPH) has reversed its ban on indoor religious services following a Supreme Court ruling.
On Dec. 3, the United States Supreme Court sided with a Pasadena church challenging California Governor Gavin Newsom’s ban on indoor religious services.
Supreme Court justices ordered a lower federal court to reexamine California restrictions on indoor religious services after a challenge by Pasadena-based Harvest Rock Church Inc. and Harvest International Ministries Inc., which have over 160 churches across the state.
Justices directed the Ninth Circuit Court of Appeals to reconsider their ruling in light of the Nov. 25 Supreme Court decision which ruled in favor of churches and synagogues that challenged New York state restrictions on indoor services. ....

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Employment Discrimination Claims Related to Vaccination Refusal – Religious Beliefs | White and Williams LLP


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As hospitals, large healthcare providers and employers in other industries prepare for the vaccine rollout, many will institute mandatory vaccination policies for their workforce. Employers who implement mandatory vaccination policies should be aware of the legal challenges arising from the enforcement of such policies and should implement best practices to minimize the risk of claims. But at the end of the day, this is a question of balancing the rights of co-workers to a safe workplace
and the employee’s legal rights to refuse to be vaccinated.
Employment lawsuits filed for refusal to comply with a mandatory vaccination policy typically arise as religious discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) or disability discrimination claims under the Americans with Disabilities Act (ADA), or their state law equivalents. This article will discuss religious discrimination and ....

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