Three California churches are suing Democratic Gov. Gavin Newsom, arguing that his state’s shutdowns regarding the coronavirus violate the First Amendment right to freedom of religion and assembly.
The suit, filed on behalf of three southern California churches in federal court by San Francisco-based attorney Harmeet Dhillon, names Newsom, state Attorney General Xavier Becerra, and other officials in San Bernardino and Riverside counties, according to Fox 10 Phoenix.
“The state does not get to dictate the method of worship to the faithful,” Dhillon said, contending that the stay-at-home order issued by the state is unconstitutionally broad.
“If a Californian is able to go to Costco or the local marijuana shop or liquor store and buy goods in a responsible, socially distanced manner, then he or she must be allowed to practice their faith using the same precautions,” Dhillon said.
James Moffatt, a senior pastor at Church Unlimited in Indio, says he was fined $1,000 for disobeying Riverside County’s stay-at-home order by holding a Palm Sunday service, according to KTLA 5 Los Angeles.
Moffatt “believes that Scripture commands him as a pastor to lay hands on people and pray for them, this includes the sick,” the lawsuit says.
He “also believes that he is required by Scripture to baptize individuals, something that cannot be done at an online service,” according to the suit.
Moffatt and the other church leaders listed in the lawsuit believe they should be allowed to continue operating as long as they follow the same social distancing guidelines that other services deemed “essential” do.
“I believe the suit has merit,” Chapman University law professor John Eastman told Fox 10 Phoenix. “’Obviously, stopping a pandemic is a compelling government interest,” he said, but the issue is whether the lockdown orders are legally narrow enough.
Churches across the country have been pushing back against forced closures, and legal battles have sprung up in Kansas, Mississippi, and Kentucky.
