RENO, Nev. – A heavily divided United States Supreme Court denied a request by a rural Nevada church on Friday night to remove as unconstitutional a 50-person limit on worship services as part of the state’s continued response to the coronavirus.
In a decision 5-4, the superior court refused to grant the request of the Christian church east of Reno to be subject to the same COVID-19 restrictions in Nevada that allow casinos, restaurants and other companies to operate at 50% of their capacity with adequate social distancing.
Calvary Chapel Dayton Valley argued that the ceiling for religious gatherings was an unconstitutional violation of the First Amendment rights of its parishioners to express and exercise their beliefs.
Chief Justice John Roberts sided with the liberal majority by denying the request without explanation.
Three judges wrote strongly redacted dissenting opinions on behalf of the four conservatives who said they would have granted the injunction 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 the willingness of this Court to allow such discrimination is disappointing,” wrote Judge Samuel Alito in a dissent tied to 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,” said Alito. “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,” wrote Gorsuch.
David Cortman, lead attorney for the Georgia-based Alliance Defender Freedom, which represents the church, said in an email to The Associated Press on Friday that they were disappointed with the ruling, but that they will continue to work to protect Calvary Chapel and others. “of discriminatory policies that put religious groups at the end of the line to reopen them.”
“When the government treats churches worse than casinos, gyms, and indoor amusement parks in its COVID-19 response, it clearly violates the Constitution,” he said.
The governor’s office did not immediately respond to a request for comment.
Calvary Chapel Dayton Valley appealed to the United States Ninth Circuit Court of Appeals last month after a United States judge in Nevada confirmed the state’s policy allowing casinos and other companies to operate at 50% of its normal capacity.
The appeals court in San Francisco is still considering the appeal, but has meanwhile denied the church’s request for an emergency order. Its July 2 ruling signaled the Supreme Court’s refusal in May to remove California’s limit on the size of religious gatherings.
The church in Nevada’s Lyon County appealed to the Supreme Court six days later, requesting an emergency order prohibiting the state from enforcing the limit on religious gatherings, at least temporarily, as judges consider the merits of the case. .
“The governor allows hundreds of thousands to gather in search of financial fortunes, but only 50 gather in search of spiritual ones. That is unconstitutional, ”his attorneys wrote in their most recent submission to the superior court last week.
The church wants to allow up to 90 people to attend services at the same time, with required masks, sitting 6 feet away, in the sanctuary with a capacity of 200. Other secular businesses in the state that can operate at half the capacity It includes gyms, hairdressers, bowling alleys and water parks.
Nevada attorneys said last week that several courts across the country have followed the Supreme Court’s initiative to uphold state authority to impose emergency restrictions in response to COVID-19.
“Temporarily limiting restrictions on the size of mass gatherings, including for religious services, protects the health and well-being of Nevadans during a global pandemic,” they wrote.
Alito said in the main dissent 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 he agreed that the courts should be “very different from the line drawing of states to open businesses and allow certain activities during the pandemic.”
“But COVID-19 is not a blank check for a state to discriminate against religious people, religious organizations, and religious services,” he wrote in his own dissent. “Nevada is discriminating against religion.”
