The Supreme Court has once again ruled in favor of religious freedom, shutting down pandemic-related restrictions enacted by California Gov. Gavin Newsom (D) that impacted in-home religious gatherings, like prayer meetings and Bible studies.
In a split 5-4 ruling, the Supreme Court said a California restriction prohibiting more than three households from gathering indoors is likely unconstitutional because the state seemingly favors secular activities with fewer restrictions.
“California treats some comparable secular activities more favorably than at-home religious exercise, permitting hair salons, retail stores, personal care services, movie theaters, private suites at sporting events and concerts, and indoor restaurants to bring together more than three households at a time,” the majority opinion stated.
The opinion explained, “Applicants are likely to succeed on the merits of their free exercise claim; they are irreparably harmed by the loss of free exercise rights ‘for even minimal periods of time’; and the State has not shown that ‘public health would be imperiled’ by employing less restrictive measures.”
In fact, the majority opinion declared that public health measures demand scrutiny “whenever they treat any comparable secular activity more favorably than religious exercise.”
“[G]overnment regulations are not neutral and generally applicable, and therefore trigger strict scrutiny under the Free Exercise Clause,” the opinion said. “It is no answer that a State treats some comparable secular businesses or other activities as poorly as or even less favorably than the religious exercise at issue.”
Justice Elena Kagan, who wrote the minority opinion, explained she disagreed with the majority because, in her estimation, California is treating at-home activities, religious and secular, the same.
Notably, Chief Justice John Roberts did not sign the minority opinion, but joined his liberal colleagues by saying he would have allowed the lower court’s ruling to stand.
This is an excerpt from TheBlaze.
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