The Calvary Chapel Dayton Valley Church had argued the cap was an unfair attack on its First Amendment rights to free exercise of religion. It pointed out that the state allowed higher caps for restaurants and casinos — 50 percent capacity — but would not let its 90-person congregation assemble, even with social distancing protocols. A federal court upheld the state’s policy, and the church sought an appeal last month at the 9th Circuit.
The Supreme Court’s decision was 5-4 with Justice Roberts siding with the liberal-leaning justices.
The Supreme Court’s decision was issued without comment. But in his June decision against the church, U.S. District Judge Richard Boulware (Obama) wrote that other secular institutes that partake in activities similar to a house of worship are also restricted. Other venues with congregating audiences — such as museums, movie theaters and concert venues — are subject to similar or stricter restrictions, he wrote.
“It is not enough for Calvary to demonstrate that the directive is intermittently not being enforced against secular activities,” Boulware wrote in his decision. “Calvary must also demonstrate that Defendants are only enforcing the directive against places of worship.”
In May the Supreme Court ruled against a San Diego church’s plea that the state lockdown order was inhibiting its right to free religion.
Justice Roberts sided with the so called liberals on that one too.
There was some complaining.
Conservatives on Twitter Lose It on Chief Justice John Roberts Over Church Coronavirus Case: ‘National Disgrace!’