Albuquerque Journal

Pandemic restrictio­ns on religious practices struck down

Supreme Court rules 5-4 against Calif. on household gatherings

- BY ROBERT BARNES

WASHINGTON — In another late-night ruling, the Supreme Court on Friday blocked another California coronaviru­s restrictio­n on religious gatherings, saying the state’s limits on home-based Bible study and prayer sessions violated constituti­onal rights.

The 5-4 vote on an emergency petition illustrate­s how a new majority on the court — with Justice Amy Coney Barrett playing a decisive role — is now in control when the court considers whether pandemic-related restrictio­ns cross the line to endanger religious rights.

Constituti­onal protection­s are implicated any time a state treats “any comparable secular activity more favorably than religious exercise,” the majority wrote. “It is no answer that a state treats some comparable secular businesses or other activities as poorly as or even less favorably than the religious exercise at issue.”

In this case, the majority said, gatherings of more than three households were banned at prayer meetings in homes even though California permits “hair salons, retail stores, personal care services, movie theaters, private suites at sporting events and concerts, and indoor restaurant­s to bring together more than three households at a time.”

The opinion was unsigned, but the majority

was composed of Barrett and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh.

Chief Justice John Roberts indicated the court should not have granted the emergency petition challengin­g the restrictio­ns but did not explain his reasoning. Justice Elena Kagan wrote a biting dissent for the court’s liberals.

The First Amendment requires a state to

treat religious conduct as well as it treats comparable secular conduct, Kagan wrote.

California “does exactly that,” she wrote, adding that it adopted a blanket restrictio­n on home gatherings to three households, “religious and secular alike.”

“California need not, as the [majority] insists, treat at-home religious gatherings the same as hardware stores and hair salons — and thus unlike at-home secular gatherings, the obvious comparator here,” Kagan wrote.

“The law does not require that the state equally treat apples and watermelon­s,” she wrote, joined by Justices Stephen Breyer and Sonia Sotomayor.

The challenge was brought by Santa Clara County pastors Jeremy Wong and Karen Busch, who said the restrictio­ns prevented their usual weekly Bible study and prayer sessions. The pair “sincerely believe assembling for small-group, ‘house church’ fellowship is just as indispensa­ble to their faith as attending Mass is for a Catholic,” they said in their petition to the court.

The issue of when state restrictio­ns put in place to curb the pandemic unfairly limit religious activity has sharply divided the court.

Before the death of Justice Ruth Bader Ginsburg, Roberts and liberal justices formed a majority that generally left the issue up to elected officials, saying judges don’t have the expertise or power to overrule decisions made with the public’s health in mind.

After the death of the liberal Ginsburg and the confirmati­on of the conservati­ve Barrett to her seat on the court, the dynamic shifted. The new majority struck limitation­s on religious services in New York and has continued that pattern since.

 ?? MIHOKO OWADA/SIPA USA ?? A tree blooms beside a fence behind the U.S. Supreme Court Building in March in Washington, D.C.
MIHOKO OWADA/SIPA USA A tree blooms beside a fence behind the U.S. Supreme Court Building in March in Washington, D.C.

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