Supreme Court, in 5-4 Decision, Rejects Church’s Challenge to Shutdown Order - The New York Times

WASHINGTON — The Supreme Court on Friday turned away a request from a church in California to block enforcement of state restrictions on attendance at religious services.

The vote was 5 to 4, with Chief Justice John G. Roberts Jr. joining the court’s four-member liberal wing to form a majority.

“Although California’s guidelines place restrictions on places of worship, those restrictions appear consistent with the free exercise clause of the First Amendment,” Chief Justice Roberts wrote in an opinion concurring in the unsigned ruling.

“Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports and theatrical performances, where large groups of people gather in close proximity for extended periods of time,” the chief justice wrote. “And the order exempts or treats more leniently only dissimilar activities, such as operating grocery stores, banks and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods.”

Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh noted dissents.

“The church and its congregants simply want to be treated equally to comparable secular businesses,” Justice Kavanaugh wrote in a dissenting opinion joined by Justices Thomas and Gorsuch. “California already trusts its residents and any number of businesses to adhere to proper social distancing and hygiene practices.”

“The state cannot,” Justice Kavanaugh wrote, quoting from an appeals court decision in a different case, “‘assume the worst when people go to worship but assume the best when people go to work or go about the rest of their daily lives in permitted social settings.’”

The court’s ruling was its first attempt to balance the public health crisis against the Constitution’s protection of religious freedom. And it expanded the Supreme Court’s engagement with the consequences of the coronavirus pandemic, after rulings on voting in Wisconsin and prisons in Texas and Ohio.

The case was brought by the South Bay United Pentecostal Church in Chula Vista, Calif., which said Gov. Gavin Newsom, a Democrat, had lost sight of the special status of religion in the constitutional structure.

“The Covid-19 pandemic is a national tragedy,” lawyers for the church wrote in their Supreme Court brief, “but it would be equally tragic if the federal judiciary allowed the ‘fog of war’ to act as an excuse for violating fundamental constitutional rights.”

The brief, filed May 23, asked the justices to block a ruling the day before from a divided three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, saying that the shutdown orders did not single out houses of worship for unfavorable treatment. The majority said state officials had struck an appropriate balance.

“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure,” the majority wrote in an unsigned opinion that went on to quote a famous dissent from a 1947 Supreme Court decision. “In the words of Justice Robert Jackson, if a ‘court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.’”

In dissent, Judge Daniel P. Collins wrote that California had failed “to honor its constitutional duty to accommodate a critical element of the free exercise of religion — public worship.”

“I do not doubt the importance of the public health objectives that the state puts forth,” Judge Collins wrote, “but the state can accomplish those objectives without resorting to its current inflexible and overbroad ban on religious services.”

The appeals court ruled on May 22. That same day, President Trump made remarks on the subject at a news briefing.

“Today, I’m identifying houses of worship — churches, synagogues and mosques — as essential places that provide essential services,” he said, adding: “The governors need to do the right thing and allow these very important, essential places of faith to open right now, for this weekend. If they don’t do it, I will override the governors.”

Three days later, Mr. Newsom issued additional guidance for houses of worship, requiring them to “limit attendance to 25 percent of building capacity or a maximum of 100 attendees, whichever is lower.”

In a second Supreme Court brief, the church said the guidance again discriminated against religious groups.

“Plaintiffs’ sanctuary seats 600 persons, and each service normally brings in between 200 and 300 congregants,” the brief said. “Some of the larger houses of worship in California can seat 1,000 congregants or more. But under California’s guidelines, plaintiffs will only be permitted to welcome 100 congregants, with no explanation as to the justification for this arbitrary cap. In contrast, there is no percentage limitation for manufacturing and warehousing facilities — simply a social distancing requirement.”

“A review of California’s sector-specific guidelines shows that the only two industries with percentage caps are retail and houses of worship,” the brief said, “and retail is set at a 50 percent cap. Offices, manufacturing, food packaging, museums, and every other sector has no percentage cap.”

The court also acted on a second case on Friday, that one brought by two Chicago-area churches, Elim Romanian Pentecostal Church and Logos Baptist Ministries. They said an order from Gov. J.B. Pritzker, a Democrat, discriminated against houses of worship.

The Coronavirus Outbreak

• Frequently Asked Questions and Advice

  Updated May 28, 2020

  • My state is reopening. Is it safe to go out?

    States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.

  • What’s the risk of catching coronavirus from a surface?

    Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.

  • What are the symptoms of coronavirus?

    Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.

  • How can I protect myself while flying?

    If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)

  • How many people have lost their jobs due to coronavirus in the U.S.?

    More than 40 million people — the equivalent of 1 in 4 U.S. workers — have filed for unemployment benefits since the pandemic took hold. One in five who were working in February reported losing a job or being furloughed in March or the beginning of April, data from a Federal Reserve survey released on May 14 showed, and that pain was highly concentrated among low earners. Fully 39 percent of former workers living in a household earning $40,000 or less lost work, compared with 13 percent in those making more than $100,000, a Fed official said.

  • Is ‘Covid toe’ a symptom of the disease?

    There is an uptick in people reporting symptoms of chilblains, which are painful red or purple lesions that typically appear in the winter on fingers or toes. The lesions are emerging as yet another symptom of infection with the new coronavirus. Chilblains are caused by inflammation in small blood vessels in reaction to cold or damp conditions, but they are usually common in the coldest winter months. Federal health officials do not include toe lesions in the list of coronavirus symptoms, but some dermatologists are pushing for a change, saying so-called Covid toe should be sufficient grounds for testing.

  • Can I go to the park?

    Yes, but make sure you keep six feet of distance between you and people who don’t live in your home. Even if you just hang out in a park, rather than go for a jog or a walk, getting some fresh air, and hopefully sunshine, is a good idea.

  • How do I take my temperature?

    Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.

  • Should I wear a mask?

    The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.

  • What should I do if I feel sick?

    If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.

  • How do I get tested?

    If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.

  • How can I help?

    Charity Navigator, which evaluates charities using a numbers-based system, has a running list of nonprofits working in communities affected by the outbreak. You can give blood through the American Red Cross, and World Central Kitchen has stepped in to distribute meals in major cities.

---

The order, lawyers for the churches told the Supreme Court, imposes “a unique 10-person limit on religious worship services that is not imposed on customers or employees of ‘big box’ retail stores, liquor stores, restaurants, office buildings, warehouses, factories or other businesses and activities which, like worship services, have been deemed ‘essential’” by Mr. Pritzker.

Lower courts had refused to block the order, saying the distinctions it drew were sensible.

“Gatherings at places of worship pose higher risks of infection than gatherings at businesses,” wrote Judge Robert W. Gettleman of the Federal District Court in Chicago. “The congregants do not just stop by Elim Church. They congregate to sing, pray and worship together. That takes more time than shopping for liquor or groceries.”

A unanimous three-judge panel of the United States Court of Appeals for the Seventh Circuit, in Chicago, refused to stay Judge Gettleman’s ruling while the churches pursued an appeal.

In a preliminary and unsigned assessment of the case, the panel wrote that “the executive order does not discriminate against religious activities, nor does it show hostility toward religion.”

“It appears instead to impose neutral and generally applicable rules,” the panel wrote. “The executive order’s temporary numerical restrictions on public gatherings apply not only to worship services but also to the most comparable types of secular gatherings, such as concerts, lectures, theatrical performances or choir practices, in which groups of people gather together for extended periods, especially where speech and singing feature prominently and raise risks of transmitting the Covid-19 virus.”

“Worship services,” the panel wrote, “do not seem comparable to secular activities permitted under the executive order, such as shopping, in which people do not congregate or remain for extended periods.”

On Thursday, Mr. Pritzker announced that he was lifting the 10-person limit on religious gatherings. That made the case moot, the state’s lawyers wrote in a Supreme Court brief.

In response, the churches urged the court to rule, saying the governor remained free to change his mind. “Churches are one whim away from being once again subjected to the restrictions they challenge in this case and which the governor obviously still favors,” lawyers for the churches wrote.

In its order turning down the churches’ request on Friday, the Supreme Court noted the new guidance, adding that it would allow the churches to file “a new motion for appropriate relief if circumstances warrant.”

Let's block ads! (Why?)

U.S. - Latest - Google News
May 30, 2020 at 12:09PM
https://ift.tt/3exdJJd

Supreme Court, in 5-4 Decision, Rejects Church’s Challenge to Shutdown Order - The New York Times
U.S. - Latest - Google News
https://ift.tt/2ShjtvN
Shoes Man Tutorial
Pos News Update
Meme Update
Korean Entertainment News
Japan News Update

Bagikan Berita Ini