In February, the Supreme Court ordered that California must allow churches to conduct indoor, in-person worship services. Before then, under California’s “Tier 1” designation for COVID-19 and Gov. Gavin Newsom’s orders, houses of worship had been completely closed as a means to promote social distancing. Even in a cathedral that seats 3,000, not a single worshipper could be allowed in. Yet, as the Supreme Court agreed, the governor had gone too far.
Church leaders were pleading with Newsom for months, demonstrating their willingness to follow masking and sanitizing guidelines, but Newsom would not compromise. In comparison, he had allowed for the opening of establishments such as dry cleaners, hotels and nail salons “with modifications.”
Supreme Court Justice Neil Gorsuch emphasized that the court “is not downplaying the suffering many have experienced in this pandemic.” However, Gorsuch stated, California’s treatment of churches is clearly unconstitutional. The very first thing that the Constitution’s Bill of Rights protects is your free exercise of religion (even before freedom of speech and press). Government closure of a house of worship, an essential element in the free exercise of many religions, should never occur in the U.S., even in times of “crisis.”
Furthermore, Gorsuch continued, the heavy restrictions on churches are discriminatory. California “so obviously targets religion for differential treatment,” yet cannot provide evidence that houses of worship pose a greater health risk than others.
California isn’t alone. New York Gov. Andrew Cuomo’s orders were also struck down by the Supreme Court in a very similar case in November. Even in Minnesota last May, Gov. Tim Walz’s order allowed many businesses to open at 50% capacity, but churches were limited to 10 people. Archbishop Bernard Hebda sent him a respectful, but legally persuasive letter, and Walz then amended his order quietly.
The similar actions of these governors are more than coincidence and are motivated by more than a simple desire to control the virus. They are varying degrees of religious persecution, which are dangerous, un-American, and a reminder to vote carefully.
