Religious Gatherings Require Equal Protection, Part Two.
The Supreme Court on February 26, 2021 ordered the 9th U.S. Circuit Court of Appeals to grant a petition ordering Santa Clara County, California to lift its ban on indoor church services.
In Gateway City Church, et., al, v Newsom, https://www.supremecourt.gov/orders/courtorders/022621zr_1bo2.pdf the Court stated that “This outcome is clearly dictated” by its earlier ruling in South Bay United Pentecostal Church v. Newsom.
South Bay United Pentecostal is the case in which the Court lifted California’s unconstitutional ban on indoor religious services.
Strict Scrutiny of Government Restrictions.
The county argued that its ban was allowed because it did not single out religious gatherings.
The 6-3 SCOTUS majority appears unimpressed by the County’s argument that it can completely deprive worshippers of their Free Exercise rights as long as they are treating other establishments equally badly.
Government restrictions on our fundamental Constitutional rights such as freedom of speech and free exercise of religion must be in furtherance of a compelling state interest and must use the least restrictive means necessary. That is what is called Strict Scrutiny test.
The county might have achieved a passing grade on the first part of the test, but they clearly flunked the second part.
Conclusion.
I’ll continue to keep you posted as the Supreme Court finishes out the second half of its 2020 – 2021 docket.
Thank you!
Michael Oswald
Michael Oswald is a follower of Jesus who lives in Boise, Idaho. Unless otherwise specified, the opinions expressed in this article are his own.
© 2021 Michael S. Oswald
“Reasons for the Faith, aka Apologetics” 