COVID-19 Summary: This is a case brought by several churches in California, challenging state restrictions on worship brought on by COVID-19. The churches requested injunctive relief, claiming violations of the First and Fourteenth Amendments. No outcome yet.

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Three California churches brought this lawsuit against Governor Gavin Newsom and state and county public health officials, challenging state restrictions on worship. The complaint was filed July 15, 2020 in the United States District Court for the Eastern District of California. Represented by the American Center for Law and Justice, the National Center for Law and Policy, and private counsel, the churches alleged violations of their First and Fourteenth Amendment rights, and sought declaratory and injunctive relief, nominal damages, and attorneys’ fees and costs. The case was assigned to Chief Judge Kimberly J. Mueller.

The state’s COVID-19 public health guidance prohibited singing and chanting during worship services (the "Worship Ban"); this prohibition was enforceable by fines and imprisonment. However, the prohibition did not extend to secular activities, including day care centers, entertainment, schools, and, most notably, protests against police violence. The churches argued that the state’s guidance showed bias against religious worship, in violation of the churches’ freedom of speech, freedom of religious exercise, and equal protection rights.

On August 8, 2020, the plaintiffs filed a first amended complaint, which added additional factual allegations in light of updated COVID-19 orders in the state and in the defendants' county.

Additionally, the plaintiffs withdrew their initial motion for a preliminary injunction and filed a new one on August 12, 2020. They continued to request that the court enjoin the defendants from enforcing the Worship Ban and enjoin the county orders enforcing the Ban. The defendants filed oppositions in mid-October, and the court scheduled a hearing for November 6, 2020.

The case is ongoing.

Gregory Marsh - 07/21/2020
Lily Sawyer-Kaplan - 10/18/2020


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