RT – December 3, 2020

The US Supreme Court has sided with a California church which argued that coronavirus restrictions infringe religious liberty. The ruling is the second such order to favor religious groups over Democratic governors.

With church services forbidden by California Governor Gavin Newsom under his Covid restrictions, the Harvest Rock Church in Pasadena claimed before the Supreme Court that the “draconian and unconscionable prohibitions” on worship were unfair.

“Indoor worship services are completely prohibited for 99.1 percent of Californians,” the group argued, while “food packing and processing, laundromats, and warehouses have no capacity limits, liquor and grocery stores have a 50 percent capacity, and big box centers, shopping malls, laundromats, and destination centers have a 25-percent capacity.”

Furthermore, the church accused Newsom himself of violating California’s lockdown rules “at his own whim,” after photos were published of the governor dining at a restaurant with a group of lobbyists and health officials.

The Supreme Court sided with the church on Thursday, sending the case back down to the Ninth US Circuit Court of Appeals, and asking that court’s judges to reconsider the case in light of the Supreme Court’s ruling last week which blocked New York’s restrictions on religious gatherings.

In that ruling, the highest US court ruled that New York Governor Andrew Cuomo’s lockdown measures – which limited church and synagogue congregations to 10 people in certain “red zones” – “strike at the very heart of the First Amendment’s guarantee of religious liberty.” 

“Even in a pandemic, the Constitution cannot be put away and forgotten,” the ruling added.

https://www.rt.com

Heather Clark – November 27, 2020

WASHINGTON — The U.S. Supreme Court has ruled that New York’s “very severe” limitations on church attendance in the state’s COVID red and orange zones violate the First Amendment right to the freedom of religion and is not the least restrictive means of preventing infections.

“Not only is there no evidence that the applicants have contributed to the spread of COVID–19, but there are many other less restrictive rules that could be adopted to minimize the risk to those attending religious services,” the court stated in a 5-4 opinion Wednesday evening, with new justice Amy Coney Barrett being among the majority.

Chief Justice John Roberts sided with his liberal colleagues.

In October, Gov. Andrew Cuomo signed Executive Order 202.68, which presented updated regulations for various public facilities, including fitness centers, hair salons, restaurants, taverns and houses of worship.

Churches in orange zones were required to be “subject to a maximum capacity limit of the lesser of 33% of maximum occupancy or 25 people, whichever is fewer.” Those in red zones were “subject to a capacity limit of 25% of maximum occupancy or 10 people, whichever is fewer.”

View the executive order here.

As a result, the Roman Catholic Diocese of Brooklyn and the Orthodox Jewish umbrella organization Agudath Israel of America filed suit to challenge the restrictions, arguing that they treat religious facilities more harshly than secular venues.

They contended that they have followed all health guidelines and have operated at reduced capacity without any outbreaks, and therefore, it cannot be proven that churches need more stringent regulation.

On Wednesday, following unsuccessful bids in the lower courts, the Supreme Court ruled that Cuomo’s restrictions “cannot be viewed as neutral because they single out houses of worship for especially harsh treatment” since businesses deemed “essential” could literally accommodate hundreds of occupants without penalty.

https://christiannews.net

Heather Clark – April 21, 2020

CHATTANOOGA, Tenn. — The mayor of Chattanooga, Tennessee has agreed to allow drive-in church services after being assured by area pastors that the meetings will be conducted with appropriate social distancing measures in place. The about-face from his initial prohibition comes two days after a lawsuit was filed against the City by a local church that asserted the restriction violated its freedom of religion and assembly.

“Every week I sign a new executive order. I have spoken to pastors who assured me they could operate drive in church safely, with spaces between the cars and no collection plates. This week’s order therefore permits drive-in church. Please observe safely,” Andy Berke posted to Twitter on Saturday.

According to reports, on April 9, Berke had outlined on social media that “drive-in services, … even in their cars with the windows rolled up, for any length of time will be considered a violation of our shelter-in-place directive.” The post is no longer available as of press time.

The following day, the City of Chattanooga shared a statement from local faith leaders that “[a]lthough coronavirus will prevent us from worshiping in the same buildings this weekend, it will not prevent us from celebrating and observing these enduring [Easter and Passover] traditions together.” It encouraged residents to check with area religious groups about plans for online services.

On April 11, attorneys for Metropolitan Tabernacle Church sent an email to the city attorney to contend that the prohibition on drive-in services violates the U.S. Constitution. Steve Ball, the pastor, had previously inquired of local police whether it would be permissible to hold drive in services and was told yes by a lieutenant.

https://christiannews.net