ZitatIn a 5-4 decision Friday, the Supreme Court denied a request from a Nevada church to block enforcement of state restrictions on attendance at religious services due to the coronavirus pandemic.
The church argued that the policy, which limited in-person church attendance to 50 people, violated the constitution by treating church services differently than other large gatherings such as casinos, gyms and restaurants.
Chief Justice John Roberts sided with the liberal justices in denying the request, marking the second time the chief justice has voted to reject a church’s request during the pandemic. He also lent his vote to the liberals in a 5-4 decision against a California church challenging limitations on the number of people who could attend services back in May.
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In his dissent Alito, joined by Thomas and Kavanaugh, wrote that the “Constitution guarantees the free exercise of religion.”
“It says nothing about the freedom to play craps or black-jack, to feed tokens into a slot machine, or to engage in any other game of chance,” he said. “A public health emergency does not give Governors and other public officials carte blanche to disregard the Constitution for as long as the medical problem persists.”
ZitatOn Friday, the United States Supreme Court declined to intervene on behalf of a Nevada church challenging the state’s ban on religious gatherings of more than 50 people while casinos are allowed to fill with thousands as long as they are at 50 percent capacity.
In the case of Calvary Chapel Dayton Valley vs. Sisolak, legal representatives for Calvary Chapel, an evangelical church, argued that the state of Nevada is unlawfully discriminating against houses of worship by allowing a number of public facilities to fill with crowds to 50 percent capacity while restricting religious gatherings to 50 people, no matter how large the building. Calvary Chapel wishes to offer services to gatherings of up to 90 people, representing 50 percent capacity.
The state of Nevada argued, however, that it could lawfully discriminate against places of worship for public health and economic reasons.
The majority of the Supreme Court judges, 5 against 4, rejected Calvary Chapel’s application. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas dissented, saying the high court should have heard the case.
In his dissent, Justice Alito contrasted Nevada’s treatment of churches with its preference for the state’s casinos, noting that even at 50 percent capacity some Las Vegas casinos are hosting thousands of patrons.
The judge also pointed out that the American Constitution guarantees “free exercise of religion,” not gambling.
Alito said that the Supreme Court’s willingness to allow Nevada to discriminate against places of worship was “disappointing.” He stated also that the state’s directives violate the First Amendment and do “irreparable harm” to Calvary Chapel and its congregants.
Justice Gorsuch stated that it was obvious that Nevada was discriminating against places of worship in favor of houses of entertainment.
“This is a simple case,” he wrote.
“Under the Governor’s edict, a 10-screen ‘multiplex’ may host 500 moviegoers at any time. A casino, too, may cater to hundreds at once, with perhaps six people huddled at each craps table here and a similar number gathered around every roulette wheel there,” he continued.
“Large numbers and close quarters are fine in such places. But churches, synagogues, and mosques are banned from admitting more than 50 worshippers—no matter how large the building, how distant the individuals, how many wear face masks, no matter the precautions at all.”
“In Nevada, it seems, it is better to be in entertainment than religion. Maybe that is nothing new.”