There are no exceptions to the First Amendment, even in a pandemic

Published July 28, 2020 5:32pm ET



A few weeks ago, the Texas Supreme Court made headlines by warning state officials that there was not, in fact, a pandemic exception to the United States Constitution. This past week, however, the U.S. Supreme Court seemed to create one. In an order that surprised even the liberals at Vox, the Supreme Court blessed a Nevada law that preferences casinos over churches. The decision has no basis in First Amendment law and establishes a worrisome precedent for government overreach in times of crisis.

Located in Dayton, Nevada, Calvary Chapel is a small, rural church that wishes to host worship services for about 90 congregants, which is 50% of its fire-code capacity. Calvary Chapel’s reopening plans are more than compliant with state and CDC requirements. A limited, 45-minute service (half the normal length), one-way entrance and exit footpaths, six-feet of separation between families, a prohibition on passing items, and sanitization between services are just some of the measures proposed by Calvary Chapel.

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