The Supreme Court rejects the argument that Nevada’s restriction on church attendance is unconstitutional


The decision was 5-4.

The church argued that state policy treated church services differently than other large gatherings like casinos, gyms, and restaurants.

A lower court had ruled against the church.

Although the court order was unsigned, Justices Samuel Alito, Clarence Thomas, Brett Kavanaugh and Neil Gorsuch disagreed, meaning that Chief Justice John Roberts provided the necessary fifth vote by joining the Liberals on the bench.

The order marks the second time that Roberts votes to reject a request from a church amid the pandemic.

In May, he sided with the Liberals in an order 5-4 against a church in California that defied limitations on the number of people who could attend services.

In the Nevada case, state attorneys argued that the policy, aimed at limiting the number of people who congregate, should be different from the “individual participation in trade” policies. The policy limits mass gatherings to 50 people.

“Temporarily reducing restrictions on the size of mass gatherings, including for religious services, protects the health and well-being of Nevadans during a global pandemic,” the state argued.

Alito, writing a dissent to which Thomas and Kavanaugh joined, said that “the Constitution guarantees the free exercise of religion.”

“It doesn’t say anything about the freedom to play dice or blackjack, feed chips in a slot machine, or participate in any other game of chance,” he said.

Alito accused Nevada Gov. Steve Sisolak, a Democrat, “apparently having different priorities.”

“A public health emergency does not give carte blanche to governors and other public officials to ignore the Constitution as long as the medical problem persists,” Alito wrote.

Gorsuch wrote his own dissent, noting that state policy handles movie theaters and casinos differently than churches.

“The world we inhabit today, with a pandemic upon us, poses unusual challenges,” wrote Gorsuch.

“But there is no world in which the Constitution allows Nevada to favor Caesars Palace over Calvary Chapel,” he added.

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