Victory for CA Church After Ninth Circuit Reverses Ruling Upholding In-person Worship Restrictions

Victory for CA Church After Ninth Circuit Reverses Ruling Upholding In-person Worship Restrictions by Raven Clabough for The New American

California churches experienced another victory in court this week as the U.S. Supreme Court instructed the Ninth Circuit Court of Appeals to vacate a district ruling against the South Bay United Pentecostal Church in Chula Vista. The Catholic News Agency reports the decision came “in light of recent Supreme Court rulings favorable to churches that have challenged state COVID restrictions that disproportionately limit religious freedom.”

As noted by Christian Post, South Bay’s efforts to challenge the restrictions on in-person church services in the spring were rejected by the high court when Chief Justice John G. Roberts sided with the court’s four liberal judges, but the church amended its complaint this summer and sought to overturn limitations on attendance and prohibitions against singing.

U.S. District Judge Cynthia Bashant sided with the state of California against South Bay on October 15, and the Ninth Circuit upheld that ruling, but the recent Supreme Court ruling in Roman Catholic Diocese of Brooklyn v. Cuomo forced South Bay’s case back to the lower courts for reconsideration.


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The Brooklyn Diocese filed suit against the state of New York in October after the state’s COVID restrictions limited indoor religious gatherings in certain areas to just 10 people while allowing other venues to open and operate under less stringent restrictions. The diocese argued in the lawsuit that it had worked with public health officials to establish the necessary safety protocols at indoor masses and had not contributed to any outbreaks. The diocese was joined by Orthodox Jewish congregations in its appeal to the Supreme Court.

The high court ruled against the state of New York on November 25, noting that the COVID restrictions in New York were being discriminatorily applied and granted the diocese injunctive relief, with a full evidentiary hearing scheduled for later this month.

The majority opinion stated that the state’s restrictions violated the First Amendment protection for the free exercise of religion and that the pandemic cannot be used as an excuse to undermine constitutional rights.

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