Some churches in California refused to comply with Governor Gavin Newsom’s and counties’ orders to restrict indoor worship services during the COVID-19 pandemic. The government allowed exemptions for secular activities.
Calvary Chapel in San Jose was one of those churches. The pastor Mike McClure kept the church open and didn’t require members to wear masks or maintain a “safe” distance. But he’s still fighting. He asked the U.S. Supreme Court to strike down a fine against his church of over $1.2 million for violating government mandates.
State and local governments during the pandemic seemed to target churches. The American Center for Law and Justice (ACLJ), which represents Calvary Chapel, said that any law that infringes upon a First Amendment right must be facially neutral or be subjected to strict scrutiny, “a standard that is extremely hard to satisfy.”
In this case, the government appeared to target Calvary Chapel over its religious beliefs.
Earlier this month, California submitted a brief that asked the Supreme Court not to take the case. ACLJ submitted a reply brief.
ACLJ argued that the mask mandate “was full of secular exceptions,” which triggers strict scrutiny.
The mask mandate was not facially neutral.
ACLJ also argued that the mask mandate interfered with how a church worships.
“Just as courts don’t tell a church who to hire as its pastor, they shouldn’t be telling a church how to hold its services.”
ACLJ contended that the fine is excessive, allowed to accrue at $5,460 a day, but the state “had no problem permitting unmasked NFL players to huddle, crash into each other, and hand off a ball for hours on Sunday.”
Calvary Chapel has support. Twenty states have filed amicus briefs urging the high court to take the case and protect the church’s rights. Churches need to be protected from the government’s overreach (and overreaction) during the next pandemic.
