Las Vegas Review-Journal (Sunday)
■ California can’t prohibit indoor church services but can keep a ban on singing, the Supreme Court ordered.
State can still bar chanting and singing, Supreme Court decides
WASHINGTON — The Supreme Court is telling California that it can’t bar indoor church services because of the coronavirus pandemic, but it can keep for now a ban on singing and chanting indoors.
The high court issued orders late Friday in two cases in which churches had sued over coronavirus-related restrictions in the state. The high court said that for now, California can’t ban indoor worship as it had in almost all of the state because the number of virus cases is high.
The justices said the state can cap indoor services at 25 percent of a building’s capacity. The justices also declined to stop California from enforcing a ban put in place last summer on indoor singing and chanting. California had put the restrictions in place because the virus is more easily transmitted indoors, and singing releases droplets that can carry the disease.
The justices were acting on emergency requests to halt the restrictions from South Bay United Pentecostal Church in Chula Vista and Pasadena-based Harvest Rock Church and Harvest International Ministry, which has more than 160 churches across the state.
Chief Justice John Roberts wrote that “federal courts owe significant deference to politically accountable officials” when it comes to public health restrictions, but he said deference “has its limits.”
Justice Neil Gorsuch and Justice Amy Coney Barrett also wrote to explain their views. Gorsuch and Justice Clarence Thomas would have kept California from enforcing its singing ban. Barrett, the court’s newest justice, disagreed. Writing for herself and Justice Brett Kavanaugh, she said it wasn’t clear at this point whether the singing ban was being applied “across the board.”
The court’s three liberal justices dissented, saying they would have upheld California’s restrictions.