Three churches in Northern California filed a federal lawsuit against Governor Gavin Newsom, alleging that the ban on singing in places of worship, implemented to help stop the spread of the coronvirus, violates their First Amendment rights.
“Singing in church is a biblical mandate,” said Kevin Green, pastor of Calvary Chapel at Fort Bragg.
Churches, like all facilities in the state deemed nonessential, closed in March amid orders to stay in the governor’s home at the start of the pandemic. But as restrictions were relaxed and more sectors of the economy reopened, places of worship were allowed to welcome the faithful, beginning in May, provided they adhered to health and safety protocols, which limited attendance and, at that time, discouraged singing.
Since then, however, as the virus has spread statewide and Newsom enacted a second shutdown across much of California, the governor further insisted on acceptable activities in the church, specifying that “places of worship should … suspend singing and singing in indoor occupations. “
The lawsuit, filed Wednesday in the United States District Court in Redding, focuses on Newsom’s support for the recent Black Lives Matter protests, many of which were sparked by the death of George Floyd while in custody. of the Minneapolis Police. The plaintiffs, Green’s Church, along with Calvary Chapel in Ukiah and the River of Life Church in Oroville, say the governor has protected the freedom of expression of protesters, but not that of parishioners.
“It’s the inconsistency,” said Green.
“He wasn’t pointing to the church until he got to that singing thing,” he said of the governor’s latest orders, issued on July 6. “When a man is so inconsistent, I can’t believe him, and that’s why we filed The Suit.”
The lawsuit argues that Newsom has specifically targeted churches as spaces where singing and singing are not allowed, but has not imposed the same restrictions in other places that remain open, such as shopping malls, child care centers, and film and TV production. . locations.
“Banning singing in California churches is an unconstitutional abuse of power, and doing so in the name of a pandemic is despicable,” said Jordan Sekulow, one of the plaintiffs, whose father, Jay Sekulow, is a member of President Trump’s legal team. . “This prohibition is clearly directed at religion.”
Court records cite the governor’s support for the recent Black Lives Matter protests as an example of his inconsistency when it comes to freedom of expression and crowd gathering, noting that “around June 5, 2020, Newsom tweeted that protesters have the right to protest peacefully ‘, showing greater support for the mass protests. “
Tens of thousands have flocked to California to protest. Floyd’s death and other African-Americans at the hands of the police, many singing and singing together as they marched in recent weeks. Some demos even turned into giant dance parties.
Such disparities sparked the lawsuit, which notes that singing is an integral part of church services.
“In accordance with sincere religious beliefs and the commandments of the Bible, plaintiffs perform weekly worship services consisting of various forms of worship, including singing, prayer, recitation of the Scriptures, and a sermon preached by the pastor,” he notes The document.
The governor’s office could not immediately be reached for comment Thursday. The new guide, published by the California Department of Public Health, notes that indoor singing can lead to increased coronavirus infection, even when proper social distancing is practiced.
Researchers at the Federal Centers for Disease Control and Prevention have found that the virus spreads through respiratory sprays, which can float beyond six feet, the recommended distance to prevent the spread of the disease. While singing, people often breathe more deeply than normal, inhaling more air around them, further increasing the risk of infection.
The lawsuit is not the first filed by places of worship against Newsom. In April, three churches in Southern California sued Newsom and other state officials, arguing that the stay-at-home orders that forced its closure violate the right to freedom of religion and First Amendment assembly. Later that month, a small evangelical church in Lodi filed a similar lawsuit, saying the ban on meetings was unconstitutional.
However, in late May, days before Newsom relaxed restrictions that allowed reopening of houses of worship, the United States Court of Appeals for the Ninth Circuit upheld the governor’s ban on religious services in person.
“We are dealing here with a highly contagious and often fatal disease for which there is currently no known cure. In the words of Judge Robert Jackson, if a ‘[c]While it does not moderate its doctrinal logic with a little practical wisdom, it will turn the constitutional Bill of Rights into a suicide pact, ‘”the judges wrote in a split decision on May 22.
Neither Mendocino County, where the two Calvary Chapel churches are located, nor Butte County, where the River of Life Church is located, are currently on the state watch list, which contains more than 30 counties facing Extended state restrictions, including the closure of interior religious services.
But on Wednesday night, Mendocino County officials announced the first coronavirus-related death and said the county was likely to be added to the monitoring list within the next 48 hours. Because of that, Dr. Noemi Doohan, the county’s public health officer, issued a revised order requiring the additional closure of indoor activities, including places of worship.
Green posted a notice on Calvary Chapel’s Facebook page, saying, “Due to Mendocino County orders, Calvary Chapel Fort Bragg will suspend all public meetings once again until further notice.
“We will stream our services live again.”
