The U.S. Court of Appeals for the Ninth Circuit upheld Gov. Gavin Newsom's ban on in-person church services. The decision was in response to a lawsuit brought forth by a California church that argued that the governor's lockdown orders violated First Amendment rights....But--in reality-land--this IS a case of disparate treatment.
..."Individuals can practice religion in whatever way they wish, as long as they're not sitting with each other in large groups inside," [district judge] Bashant said.
The South Bay United Pentecostal Church appealed the decision, but the Ninth Circuit Court of Appeals upheld Newsom's ban on in-person church services late Friday. In a 2-1 decision, the federal appeals court upheld the state's ban, saying that the shelter-in-place orders do not violate the First Amendment, adding that churches are a "higher risk workplace."
"Where state action does not 'infringe upon or restrict practices because of their religious motivation' and does not 'in a selective manner impose burdens only on conduct motivated by religious belief,' it does not violate the First Amendment," the ruling said....
..."By explicitly and categorically assigning all in-person 'religious services' to a future Phase 3 — without any express regard to the number of attendees, the size of the space, or the safety protocols followed in such services — the State's Reopening Plan undeniably discriminate[s] on its face against religious conduct," Collins wrote....
Guess who appointed Collins?
Regardless of Hack-in-Black twaddle:
...Last week, more than 1,200 California pastors proclaimed that they will defy Newsom's shelter-in-place executive order and will resume in-person church services....None of them are Catholics, of course. THOSE Bishops are playing "Girl With the Curl", just like Wisconsin's.
1 comment:
Bring it to SCOTUS,then...but if they rule for religious freedom, will Newsom pull a George Wallace?
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