While coronavirus infections expand across the country, lawsuits challenging public health restrictions on in-person worship services continue to wind through courts. As I mentioned in an earlier post , even though the U.S. Supreme Court in South Bay United Pentecostal Church v. Newsom recently upheld an order limiting in-person religious gatherings in California, some state and local public health orders continue to be litigated. Here is a brief rundown of the most recent developments: A federal court in New Mexico sided with the state and declined to issue an injunction that would halt enforcement of restrictions limiting indoor religious service gatherings to 25% capacity. Because the restrictions were similar to those capping secular gatherings, the court found them to be neutral with respect to religion, and thus not contrary to the demands of the Free Exercise Clause. “[T]hat a law mentions religion,” the ruling states, “does not necessarily mean that the law is facially nonneutral.” And without a First Amendment violation, the court concluded, “the public’s interest in limiting the COVID-19 outbreak in the State…outweighs the right to gather.” The judge also relied on Chief Justice John Roberts’ admonition in South Bay that actions designed to protect the health […]
