Supreme Court Rejects Challenge to Limits on Church Services

June 2, 2020 by Dan McCue
Supreme Court Rejects Challenge to Limits on Church Services
Worshiping from home still being recommended as the coronavirus pandemic wanes in some communities. (Photo by Dan McCue)

WASHINGTON – A divided Supreme Court rejected an emergency appeal by a California church challenging state limits on attendance at worship services imposed to contain the spread of the coronavirus.

Chief Justice John Roberts joined the court’s four liberals late Friday night in turning away a request from the South Bay United Pentecostal Church in Chula Vista, California, in the San Diego area.

The church and Bishop Arthur Hodges III were represented by the Thomas More Society, a national not-for-profit law firm, which had initially objected to California Gov. Gavin Newsom deeming churches “nonessential” and requiring them to close during the coronavirus pandemic.

After the case was submitted to the high court, Newsom pulled back, changing his ban to what the plaintiffs said was an arbitrary cap on the number of people allowed to gather at a church.

Attorney Charles LiMandri, serving as special counsel to the Thomas More Society, argued in legal briefs that limits on how many people can attend their services violate constitutional guarantees of religious freedom and had been seeking an order in time for services this past Sunday.

But a majority of the justices were unconvinced.

Roberts wrote in brief opinion that the restriction allowing churches to reopen at 25% of their capacity, with no more than 100 worshipers at a time, “appears consistent” with the First Amendment.

The chief justice also noted that similar or more severe limits apply to concerts, movies and sporting events “where large groups of people gather in close proximity for extended periods of time.”

In a stinging dissent, Justice Brett Kavanaugh wrote that the restriction upheld by the majority, “discriminates against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment.”

Kavanaugh went on to point to supermarkets, restaurants, hair salons, cannabis dispensaries and other businesses that are not subject to the same restrictions.

Lower courts in California had previously turned down the churches’ requests.

The court also rejected an appeal from two churches in the Chicago area that objected to Gov. Jay Pritzker’s limit of 10 worshipers at religious services.

However, Pritzker had already modified the restrictions to allow for up to 100 people at a time before the court acted.

“The disappointing ruling in the U.S. Supreme Court was a close 5-4 vote, based on the very high standards required for obtaining an emergency injunction on appeal,” LiMandri said after the ruling was handed down.

“This case is far from over,” the attorney continued. “Our next appellate brief is due in the 9th U.S. Circuit Court of Appeals on June 5. If it is necessary to go back up to the U.S. Supreme Court after the Ninth Circuit rules again, we will benefit from a much more favorable standard. We are hopeful that fact would also lead to a better result for religious liberty.”

A+
a-
  • religion
  • Supreme Court
  • In The News

    Health

    Voting

    Religion

    Pope Leo XIV Celebrates First Mass as Pope and Calls His Election a Cross and a Blessing

    VATICAN CITY (AP) — Pope Leo XIV, history’s first U.S.-born pontiff, said Friday that his election was both a cross... Read More

    VATICAN CITY (AP) — Pope Leo XIV, history’s first U.S.-born pontiff, said Friday that his election was both a cross to bear and a blessing as he celebrated his first Mass as the head of the Catholic Church. Leo spoke off-the-cuff in English in the Sistine Chapel to the... Read More

    Supreme Court Takes Up Religious Rights Dispute Over LGBTQ Books in Maryland Schools

    WASHINGTON (AP) — The U.S. Supreme Court is hearing arguments Tuesday over the religious rights of parents in Maryland to remove their... Read More

    WASHINGTON (AP) — The U.S. Supreme Court is hearing arguments Tuesday over the religious rights of parents in Maryland to remove their children from elementary school classes using storybooks with LGBTQ characters. The case is the latest dispute involving religion to come before the conservative-led court. The justices have... Read More

    What to Know About the Death of Pope Francis

    VATICAN CITY (AP) — Pope Francis died on Easter Monday at the age of 88. Here are the key things to know... Read More

    VATICAN CITY (AP) — Pope Francis died on Easter Monday at the age of 88. Here are the key things to know about the death of the Argentine pontiff, history's first from Latin America, who presided over the Catholic Church for more than 12 years. The Timing of... Read More

    Given Christianity's Dominance in US, Trump Raises Eyebrows With Anti-Christian Bias Initiative

    Christianity is by far the largest faith in America, and Christian conservatives have a strong grip on the levers of... Read More

    Christianity is by far the largest faith in America, and Christian conservatives have a strong grip on the levers of government. That dominance is leaving many to question why President Donald Trump’s new task force on eradicating anti-Christian bias is needed. Critics see the task force initiative as unnecessary and... Read More

    Pope Rebukes Trump Administration Over Migrant Deportations, and Appears to Take Direct Aim at Vance

    ROME (AP) — Pope Francis issued a major rebuke Tuesday to the Trump administration’s mass deportation of migrants, warning that the... Read More

    ROME (AP) — Pope Francis issued a major rebuke Tuesday to the Trump administration’s mass deportation of migrants, warning that the forceful removal of people purely because of their illegal status deprives them of their inherent dignity and “will end badly.” Francis took the remarkable step of... Read More

    February 6, 2025
    by Dan McCue
    Trump Vows to ‘Eradicate Anti-Christian Bias’ in Federal Government

    WASHINGTON — President Donald Trump told attendees at the annual National Prayer Breakfast on Thursday that he will direct newly... Read More

    WASHINGTON — President Donald Trump told attendees at the annual National Prayer Breakfast on Thursday that he will direct newly minted Attorney General Pam Bondi to “eradicate” anti-Christian bias in the federal government. Trump said the directive will come in the form of an executive order... Read More

    News From The Well
    scroll top