Chief Justice John Roberts again sided with the Liberals in the United States Supreme Court on Friday, denying a request from a rural Nevada church to remove a 50-person limit on worship services as part of the state’s response to the coronavirus pandemic.
Roberts, a conservative appointed by George W. Bush, has sided with the four liberal judges in recent decisions on abortion, immigration and LGBTQ + rights. Observers have signaled their votes in other cases while warning that their trends have not necessarily changed.
In a decision 5-4 on Friday, the court refused to grant a request for Calvary Chapel Dayton Valley, east of Reno, to be subject to the same Covid-19 restrictions that allow casinos, restaurants and other companies to operate the 50% capacity with adequate social distance.
The church argued that a ceiling on religious gatherings was an unconstitutional violation of the First Amendment’s rights to express and exercise beliefs.
Roberts did not explain his vote. Three judges wrote strongly redacted dissenting opinions on behalf of the other four conservatives who said they would have granted injunctive relief while the court fully considers the merits of the case.
“That Nevada would discriminate in favor of the powerful gaming industry and its employees may not be a surprise, but this court’s willingness to allow such discrimination is disappointing,” wrote Judge Samuel Alito in a dissent joined by Justices Clarence Thomas and Brett Kavanaugh.
“We have a duty to defend the constitution, and even a public health emergency does not exempt us from that responsibility. The constitution guarantees the free exercise of religion. It says nothing about the freedom to play craps or blackjack, feed chips in a slot machine, or participate in any other game of chance. “
Kavanaugh also wrote his own dissent, as did Judge Neil Gorsuch, who said that today’s world “with a pandemic upon us poses unusual challenges.”
“But there is no world in which the constitution allows Nevada to favor Caesars Palace over Calvary Chapel,” Gorsuch wrote.
The church wants to allow up to 90 people to attend services, with required masks, sitting 6 feet away, in a building with a capacity of 200.
But Nevada state government attorneys said last week that several courts across the country have followed the example of the supreme court by upholding state authority to impose emergency restrictions in response to Covid-19.
Secular businesses in Nevada that can operate at medium capacity include gyms, hair salons, bowling alleys, and water parks.
Alito said that by allowing thousands to gather in casinos, the state cannot claim to have a compelling interest in limiting religious gatherings to 50 people, regardless of the size of the facility and the steps taken to prevent the spread of the virus.
“The idea that allowing Calvary Chapel to admit 90 worshipers presents a greater risk to public health than allowing casinos to operate at 50% of their capacity is difficult to assimilate,” he wrote.
Kavanaugh said: “Covid-19 is not a blank check for a state to discriminate against religious people, religious organizations, and religious services. Nevada discriminates against religion. “
