A divided panel of the U.S. Court of Appeals for the 9th Circuit on Thursday refused to enjoin California Gov. Gavin Newsom’s executive order restricting in-person worship because of the risk of spreading COVID-19.
The governor’s order forbids in-person worship services in “Tier 1” counties where the COVID-19 risks are greatest and limits them to the lesser of 100 people or 25 percent of capacity in lower-risk “Tier 2” counties. Similar but more relaxed restrictions apply in Tier 3 and 4 counties.
In September, a federal district court in Los Angeles rejected a challenge to the executive order based on the argument that the limitations infringed on religious freedom and violated the First Amendment of the U.S.
Constitution. The plaintiffs in that case appealed and asked the appellate court for an emergency order blocking Newsom’s order during the appeal.
The majority rejected the emergency request on grounds that the restrictions on worship were based on the health risks of group activity and were similar to restrictions placed on other indoor non-religious activities in the same counties, such as lectures, movie theaters, concerts and sporting events.
Given the serious health risks of COVID-19 spread and the neutral character of the restrictions, the majority found there was no constitutional violation.
The dissenting judge agreed that protecting public health was a compelling objective, but found that the order permitted many non-religious activities that posed equal or greater health risks.
According to the dissent, “in these same counties, the State still allows people to go indoors to: spend a day shopping in the mall, have their hair styled, get a manicure or pedicure, attend college classes, produce a television show or movie, participate in professional sports, wash their clothes at a laundromat, and even work in a meatpacking plant.”
While the dissent believed that neutral regulation of religious worship in the name of combating a serious danger to public health would be appropriate, “the Constitution, emphatically, does not allow a State to pursue such measures against religious practices more aggressively than it does against comparable secular activities.”
The 9th circuit is garbage. Judges don’t define our rights. Don’t @ me commies.
That is quite literally the function of the higher courts. The Supreme Court has had to rule many, many times on what is meant by the First Amendment.
The 9th court IS garbage. They are ONLY political and have nothing to do with protecting our freedoms.
The 9th Circuit Court is the most reversed court in the nation .
Fred P. You are wrong, the 6th and the 11th Circuits have the highest reversal rates.
I honestly believe that they really don’t want people to go to church. It’s a kind of left-wing Democratic position that they’re against Christianity. Come on, having a hundred people inside a large church very little risk, with distance and masks, even if we sing and praise enthusiastically. Maybe we to just gather as a protest and then they would have to allow it, cuz they never said anything negative or had any concern over mass protests spreading the virus.
Exactly correct, redefine it as a protest and it’s sanctioned…
It’s a high risk indoors, you keep comparing it to protests but it’s not even the same thing
Compare it to offices. Those aren’t open are they?
However, I do not understand why if a church comes up with a safety plan and they prove they can keep to it, why they can’t open.
I mean if they distance and give same household people a pew and enforce masks and have air circulation and fresh air coming in, it seems like that would work. No shared bibles, no communion, no tides, it should be ok.
The key is enforcing it. I will never understand why people find it so hard to wear a mask. It’s crazy how simple of a solution it is.
Yogurt- office ARE TOTALLY open. People are working. Hospitals are open. A dozen schools in CCC just got a waiver to re-open. I do not go to church, but this is crazy and there is certainly an agenda.
Wasn’t Christianity originally a protest, anyway? Churches used to teach passive resistance in response to unfair action by authorities, and peaceful protests were common at many times in US history. In the 1970s, churches were leaders in the anti-war movement, teaching courses in nonviolent peaceful protest, civil disobedience, and harboring conscientious objectors. Seems very strange that Newsom would single churches out for this kind of restriction considering their extensive history in “leading the charge,” so to speak.
Time for the Supreme Court to take up this matter. Especially since the 9th Circuit is the most overturned court in the nation.
More 9th circuit propaganda being shoved down our throats. Mostly filled with progressive lunatics.
What would the 9th circuit say if protesters were blocked from protesting?
I think we all know the answer to that one.
Enter Supreme Court please.
Protesters are frequently blocked from protesting. Curfews, orders from police to disperse, rules about where protests are not allowed, arresting protesters that block traffic, and for some locations arresting protesters protesting without a proper permit. 9th circuit and other courts seem pretty okay with all this.
Protesters being blocked from protesting happens so frequently it has become part of normal life and you don’t “see” it anymore even when it is all around you.
I think Newsom is afraid that Satan is going to get pissed off.
Have you ever thought who Newsom really is? It’s pretty clear and scary now.
Gavin hates religion unless it is his aunt Nancy who was raised a God loving catholic…
“I don’t hate anybody,” responded Pelosi. “I was raised in a Catholic house. We don’t hate anybody, not anybody in the world. Don’t accuse me of hate.”
https://www.ncronline.org/news/opinion/signs-times/why-nancy-pelosi-doesnt-hate-president-and-prays-him-instead
of course it is pretty clear she hates him for not bowing down to her
The court doesn’t give us our rights. Our rights as humans come from G-d. Any “authority” who wants to take away our rights is an illegitimate authority and must be ignored.
Wrong. They’re called laws. Designed to protect me from you, and you from me.
Sam, by your definition I would have the right to tell everyone in town something untrue about you up to and including: that you are a thief, that you are a pedophile, or that you regularly eat squirrels. The Supreme Court has ruled on when such an act is prohibited as libel or slander.
@Bernie My 2nd amendment is what protects me from sicko masked freaks like you. People like you deserve no rights because you’re so ignorant.
@Chuq I can see you have never read about libel laws and probably wouldn’t understand if you did. I’m sure google has a quick summary for you. Not to mention you you made a complete non equation. Fyi you can say whatever you want about me until you affect my money. Go ahead and do a quick google search before you come at me next time
@BernieM:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Our rights do NOT come from laws. The only thing that preserves our rights is the Constitution. You’re confused by Sam’s comment.
FWIW, Sam’s position here is pretty much identical to MLK Jr.’s in the Letter from Birmingham Jail.
@Led
I accept that with honor👍🏼
recall the new scum of the state
this is what happens when a ruling party gains control over judges and da and lawyers and mayors and councils and boards ….
its called corruption for those who have been voting for this for over 40 years
if you are pro corruption and voting in these clowns just say it
and we will all move away and watch you tear yourselves down ….
i bet no dem is going to raise their hand after all the fake protests/actually riots are shown to be backed by democrat political corruption ….
just like oscama and comey are going to jail soon or maybe not when they flip….
best part of dem corruption is they eat themselves
That’s it right there. You freaks have one last chance in this election to make it right or you’re gonna watch your beloved California fall off a cliff so fast. We will all be leaving you in this swamp of your own creation. Crime will surge, taxes will skyrocket, there will be plenty of vacant homes for the homeless. Gavin will fill your streets with criminals. Your kids will grow up in the open air prison. You democrats better come through this time or it’s over. You can have this sh*thole if you ain’t trying to fix it. VOTE ALL INCUMBENTS OUT, RECALL NEWSOM, ALL REPUBLICAN, TRUMP 2020
@calm down:
If by that you mean fewer neighbors fed up with leftist mobs burning down our cities and stomping their feet like petulant children who didn’t get their way, yes.
Seriously? It’s that easy? I got my ballot in the mail today. I’ll fill it out and turn it in next week. So when are y’all moving?
You will thank us later. When the dust settles.
Better to wait until three or four ballots show up. Better yet, run around to your neighbors and take their unrequested ballots out of their mailboxes and fill them in to your liking.
@Realist
I was raised Presbyterian, went to church, Sunday School, Youth Group, went Trick-or-Treating for Unicef in October and Caroling in December – not a molester in the bunch. And I’d much rather speak to my invisible God than real flesh and blood idiots. Not sure why you even asked why people need to be in a building…….your (not you’re) post made it clear that you could never understand. What a pity.
I’m enjoying outdoor services, and even though we’re allowed to return indoors, I hope we continue outside until it gets cold. It’s safer, and I like the fresh air, even though indoors is the norm. Most churches in the area aren’t holding outdoor services because they lack the property to do so, or they’re concerned about an outbreak. Or both. 25 percent of capacity is more than enough at our church. We have the capacity for a lot of people, indoors and outside.
Fresh air? Do you live in Claycord!? Have you been outside this week?
Our church cancels outdoors services if there is poor air quality. So, yes – the Sunday’s we worship outside are fresh air.
Newsom will have to answer to to man above, get ready fore some heat Gavey Baby.
Let’s hope and pray that God’s mercy will prevail for Gavin Newsom.
The Lord loves Gavin. They are both looking after all of us.
They are both working tirelessly getting people safe. I would not go inside to a church service now! The virus is the same as it was in March. Be well and try to be safe for your neighbor.
The Lord loves Gavin for sure, but He despises the words and actions of adulterers like him.
You all have it wrong. Newsom and the courts are just implementing what they call “Mainstream American values” to our lives. God help us.
Newsom hates any kind of group unity, it threatens his authority.
It’s pretty easy to prove this. Set up an outdoor church service with several hundred properly distanced parishioners and they will find a way to squash it. If that doesn’t work he will introduce something punitive just to show them who’s in charge.
For someone who thinks color shouldn’t matter, his colors are quite clear.
if they want to worship inside, sign a waiver! let them catch it.
A waiver for what exactly? I’ve had the sniffles many times. You think this current re-brand of the common cold for political gain scares anyone? This hoax was started by the DNC when they started calling for donations and found themselves not having any support. Newsom will go down as a communist tyrant. Democrats will NEVER hold power again. You lost the black vote, you lost the hispanic vote, you lost the lgbt vote, all you have is Dick Cheney and the neoconservatives who EVERYONE hates. You lost all the support structures you thought would carry your water. Now what 30 days out? Nothing that’s what. Can’t wait for the tears from the loud few who still believe Orange Man Bad.