Supreme Court Rules Against California, Doubles Down On Religious Rights Amid Pandemic

BY Herschel Smith
3 years, 10 months ago

So says the headline.  The actual ruling isn’t so strong.

A deeply divided Supreme Court doubled down on religious rights late Friday, ruling that California can no longer continue with a ban on indoor church services put in place to fight to the coronavirus pandemic. But the court said that the state, for now, can keep in place restrictions on singing and chanting inside.

The two cases at the center of Friday’s ruling marked a test of how far states can go to safeguard public health before running afoul of constitutional protections for the free exercise of religion. In response to suits brought by the South Bay United Pentecostal Church in Chula Vista and the Harvest Rock Church in Pasadena, the court said California cannot bar in-person services altogether, but can limit attendance to 25% of capacity.

Last year the high court, by a 5-to-4 vote, upheld such bans in California and elsewhere. But with the arrival of new Justice Amy Coney Barrett in place of the late Justice Ruth Bader Ginsburg, the balance of power on the question switched, and this latest order is fresh evidence of the court’s willingness to second-guess both epidemiologists and elected officials who are fighting a once-in-a-century pandemic when it comes to questions of religious liberty.

The churches argued that California violated their religious rights when the state moved last year to place limits on attendance at in-person worship services based on COVID-19 infection rates. In the hardest-hit areas of the state, in-person services were put on hold completely. So too was singing and chanting inside, given that the coronavirus is not only more transmissible in enclosed spaces, but that singing releases tiny droplets that carry the virus through the air.

Though the conservative wing of the court prevailed decisively in the case Friday night, it was sharply split, with the conservative justices filing four separate opinions. In a concurring opinion, Chief Justice John Roberts wrote that federal courts owe “significant deference” to state officials when it comes to matters of public health, but he said such deference can only go so far.

“The State has concluded, for example, that singing indoors poses a heightened risk of transmitting COVID–19. I see no basis in this record for overriding that aspect of the state public health framework,” wrote Roberts. “At the same time, the State’s present determination — that the maximum number of adherents who can safely worship in the most cavernous cathedral is zero — appears to reflect not expertise or discretion, but instead insufficient appreciation or consideration of the interests at stake.”

The chief justice’s opinion marked a middle ground of sorts among the court’s conservatives. Justices Neil Gorsuch and Clarence Thomas said they would have lifted California’s restrictions in full. While acknowledging that the state has a “compelling interest” in reducing the spread of COVID-19, they said California had effectively given preferential treatment to “lucrative industries” such as the film industry, adding that the state had “openly imposed more stringent regulations on religious institutions than on many businesses.”

“If Hollywood may host a studio audience or film a singing competition while not a single soul may enter California’s churches, synagogues, and mosques, something has gone seriously awry,” they wrote in an opinion that was joined by Justice Samuel Alito.

Justice Amy Coney Barrett, in her first signed opinion since joining the court in October, focused on the state’s restrictions on singing and chanting. In an opinion joined by Justice Brett Kavanaugh, Barrett said that it was up to churches to demonstrate that they were entitled to relief from the singing ban, but that in this case, they had not. Still, she said, it remains unsettled as to whether the ban applies evenly across the board in California or if it favors certain sectors.

“Of course, if a chorister can sing in a Hollywood studio but not in her church, California’s regulations cannot be viewed as neutral,” Barrett said.

Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan said they would have left California’s restrictions in place. In a stinging dissent for the three, Kagan noted that none of the justices is a scientist, and she accused the majority of substituting its own judgment for the epidemiologists and elected officials who are “desperately trying to slow the spread of a deadly disease.” Kagan disputed the notion that the state is somehow treating religious institutions worse than secular entities. The only secular conduct the state treats better, she said, “is the kind that its experts have found does not imperil” the battle against the pandemic.

“I cannot imagine that any of us [on the court] has delved into the scientific research on how COVID spreads, or studied the strategies for containing it,” she said. “So it is alarming that the court second guesses the judgments of expert officials and displaces their conclusions with its own. … In the worst public health crisis in a century, this foray into armchair epidemiology cannot end well.”

They sound like a bunch of second graders.

The question before the court was (or at least, should have been) whether the shutdowns violated constitutionally protected rights, not whether the state was neutral in said violation.

Doctors aren’t air filtration engineers.  Epidemiologists aren’t doctors.  Neither is a physicist or chemist.  And none of the above know how to perform computation fluid dynamics (CFD).  Epidemiologists are supposed to be concerning themselves with industrial toxicants and performing statistical analyses using one-sided confidence and the like (of course, the epidemiologists with the CDC do nothing).  Many epidemiologists with the CDC are simply graduates of a Master of Public Health program, which doesn’t make them epidemiologists.

Show me a licensed physician who has a master’s or doctoral degree in engineering or physics and who has experience as an air filtration engineer and I may listen to him on how a biological particle is transmitted.  Until then, shut up.

This worship of “science,” whatever non-scientists take that to be, is silly and childish.  As for judges and justices, they are supposed to be deciding cases on the basis of the constitution.  They have one job.  One … job.  And they can’t seem to do that well.

Kagan can leave the “airchair epidemiology” to the folks at the CDC.  She isn’t required to know anything about it, and neither are her peers.  As to Kavanaugh’s comment about churches being required to show that they deserved relief from the ban in singing, no, the government is required to show that what they’re requiring is constitutional.  He has everything exactly backwards.

As for Roberts’ statement that he has no basis for overriding the state’s health framework, he has every basis if it violates the constitution, which is (or should be) the only question in front of the court.

“Remember the sabbath day to keep it holy” (Exodus 20:8)

” … not forsaking our own assembling together, as is the habit of some.” (Hebrews 10:25)

“Speaking to one another is psalms, hymns and spiritual songs” (Ephesians 5:19)

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

I just gave the supreme court everything they needed to do their jobs.  They have one job.


Comments

  1. On February 8, 2021 at 12:34 am, Fred said:

    Alternate Headline: Nero proscribes specific modality of worship, for none may worship any above the Cesar.

    Sure you can get together but you can’t sing. Sure you can get together but only 10 of you. Sure you can get together but you can’t read that book, but Doctor Seuss is fine.

    This is the point though: the State is demanding to have your worship by submission to it above Christ Jesus. Jesus Christ says, that you are to die for Him defying these orders, follow Him unto death. Do you understand that?!?! The wheat, and the chaff.

    Dear Americans: this IS what the New Testament is about!!! This right here is make or break for you, personally!!! No joking, not hyperbole; this is Heaven or Hell, Satan or Christ, understanding and accepting the Revelation of Jesus Christ, it’s true meaning as applicable to YOU personally today, or rejecting Holy God, being numbered among those who Jesus never know, and to be resurrected with the dead, Judged, to then die again the second death! ( your blood is no longer on my head. you are warned ) THIS. IS. IT. Obedience unto death, is the command of our God, and He accepts no fakers!!!

    The church has always been persecuted. We are guaranteed it, by God, in fact. The days of your luxury are over. Praise His holy name.

    These are exciting times. I have desired for many years to know who it is that truly are His, my brothers, having seen some glimmers and I expect to see even more outward evidence beyond words, very soon. See you there, I love you, but more-so, Christ loves you.

    A man MUST purpose in his heart, ahead of time, that he will not deny our Lord. You should do that today. Not sort of, but on your knees, and don’t stand back up until you’re certain..few there be that find it.

    Warning all who would hear one more time: Get a case of bibles and other materials, all hard copy printed. Squirrel these things away.

    Don’t miss the raft of evidence for this single data point in time that this decision represents. It’s much later than we know. Alarm warning sirens should be going off in the hearts of all who hear His voice. The clock is ticking.

    I might have to come back to this post.

    Tell somebody that Jesus died just for them. Tell them today. If you don’t tell them, they won’t hear it, their blood is on your head. But listen, He didn’t stay dead, He rose from the grave the third day proving that He is who and what He says He is. This is the only sign you need to see what is happening, the sign of the cross. He is alive, mighty to save them that would by faith, hear and believe. We are faithful unto death, even as He was for us, to have life, and life eternal through Jesus Christ our Lord. Amen.

  2. On February 8, 2021 at 1:49 am, Michael (from Utah) said:

    All I can say here is how disappointed I am in Amy Coney Barrett’s opinion. Churches are to demonstrate that they were entitled to relief?

    I would refer her to the 1st Amendment, which she has apparently not read. Turns out that her God is actually the state, and not the God of Christianity.

    What an absolute disgrace.

  3. On February 8, 2021 at 10:18 am, Ned said:

    Jeremiah 17:5

  4. On February 8, 2021 at 11:01 am, George 1 said:

    So, again, the Court has affirmed that you are rubes and cannot make informed decisions as to when, where and who you meet with. So you have no freedom of assembly that cannot be regulated. By extension this means that the state owns you. You also must “demonstrate that you are entitled to relief of the singing ban”. So now we must “prove we are entitled to rights”. Which by extension means that this standard can be applied to just about any right.

    This Barrett woman is showing that she is a left wing, nanny state enabler faster than anyone could imagine. Nice job Trump!! You join the ranks of other so called conservative presidents who have picked horrible judges.

  5. On February 8, 2021 at 12:48 pm, Paul B said:

    Just tells me the Judges have been engaged in kabuki in there private lives.

    Nothing good will come of this.

  6. On February 8, 2021 at 2:19 pm, Ned2 said:

    “This Barrett woman is showing that she is a left wing, nanny state enabler”
    George 1, I would point out that most women tend to be bent that way. They can’t help it, it’s in their DNA.

    The SCOTUS has been a joke for decades.

  7. On February 8, 2021 at 2:45 pm, Michael (from Utah) said:

    “The SCOTUS has been a joke for decades.”

    Would have to agree…going clear back to 1789.

  8. On February 8, 2021 at 5:36 pm, blake said:

    Deprivation of Right under Color of Law is supposed to be punishable by imprisonment.

    TITLE 18, U.S.C., SECTION 242

    I believe Newsom going after churches in CA certainly qualifies as Deprivation of Rights.

    Heck, a goodly portion of the Alphabet agencies in our country routinely violate that statute.

  9. On February 8, 2021 at 8:52 pm, Billy Pilgrim said:

    The first amendment (freedom of religion) exists or it has been deleted with the historic pen and phone?
    Does the tenth amendment (state’s right outside of fedgov) still exist?
    Interstate Commerce Clause as 1933 Enabling Act?

  10. On February 9, 2021 at 3:58 pm, Jimmy the Saint said:

    @George1: “Nice job Trump!! You join the ranks of other so called conservative presidents who have picked horrible judges.”

    While Republican presidents have a pretty spotty record on picking justices, a big part of the problem is that the pool of people to pick from isn’t exactly teeming with great candidates. There is the occasional one, but most options are soft statists at best.

  11. On February 9, 2021 at 7:56 pm, George 1 said:

    Jimmy the Saint. In fairness to Trump all of his picks had to pass the McConnell test. So you are correct. The Turtle would never allow a strict Constitutionalist on the Court.

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You are currently reading "Supreme Court Rules Against California, Doubles Down On Religious Rights Amid Pandemic", entry #26881 on The Captain's Journal.

This article is filed under the category(s) Religion and was published February 7th, 2021 by Herschel Smith.

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