California places of worship can reopen indoor activities with a 25 percent capacity limit, but maintain ban on hymn singing and chanting
The federal Supreme Court voted 6-3 on the evening of February 6 to lift California Governor Gavin Newsom’s ban on indoor religious activities, saying that California houses of worship can conduct indoor activities with a 25 percent capacity limit.
The ruling upholds the appeals of two Southern California churches whose religious site activities were restricted by the state. The two churches are South Bay United Pentecostal Church in Chula Vista, a suburb of San Diego, and Harvest Rock Church in Pasadena.
Previously, the federal district courts in San Diego and San Bernardino counties and the Ninth Circuit Court of Appeals in San Francisco rejected the appeals of both churches. Religious freedom groups told the federal Supreme Court that California is “the only state in the country that bans indoor religious activities.
6 Conservative justices: ban is discrimination against religion
Six conservative justices voted against Newsom’s ban, while three liberal justices voted in favor.
The six conservative justices pointed out that the state of California has set a 25 percent indoor capacity limit for retail and grocery stores, while prohibiting indoor activities at religious sites. This double standard is “discrimination against religion,” violates the federal constitutional protection of religious freedom, and infringes on the rights of religious institutions and their followers.
In his opinion, conservative Justice Neil Gorsuch wrote, “Since the arrival of the New crown outbreak, California has imposed stricter regulations on religious institutions than on many businesses. California is concerned that religious activities will keep people together for too long. However, California does not restrict residents’ access to other establishments, and no one is prohibited from staying in shopping centers, salons or bus stops.
Chief Justice changes position
Conservative Chief Justice John Roberts responded that even an investigation by health experts does not justify a ban on indoor religious activities. He said he could not accept California’s “current decision that the maximum number of worshippers who can safely worship in a cathedral is zero, and that …… (the health expert’s opinion) has limitations.
Roberts had backed Newsom’s restrictive order on indoor religious activities last May and said the federal Supreme Court should defer to health officials.
Chanting and chanting ban remains in place
The California state government argued that indoor group chanting and chanting of scriptures spreads viruses in the air and therefore imposed the ban.
Gossage criticized California’s ban on singing hymns and chanting during religious services on the grounds that religious services are not an entertainment industry. Gorsuch and another conservative justice, Clarence Thomas, asked that the ban on religious chanting and chanting be lifted.
Conservative Justice Samuel Alito, however, argued that California should have an additional 30 days to justify the ban.
Conservative Justice Amy Coney Barrett said she did not believe the ban on hymn singing and chanting should be lifted. Another conservative justice, Brett M. Kavanaugh, agreed with Barrett.
Ultimately, the majority of justices upheld Newsom’s ban on singing hymns and chanting at indoor religious events, saying California applies the same rules to most other institutions and presenting evidence that singing in crowds poses a particular threat to spreading the virus.
Governor Newsom banned indoor religious activities on the grounds of Epidemic prevention.
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