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California federal judge says churches cannot hold in-person services during pandemic

by Karen Faulkner, Worthy News Correspondent

(Worthy News) – A California federal judge determined Wednesday that churches in the state are prohibited from holding in-person services during the coronavirus pandemic, the Los Angeles Times reports. The case was brought by three Southern California churches who argued that the state’s lockdown rules were a violation of the First Amendment and the right to freedom of religion and assembly.

The churches in the Riverside and San Bernardino counties asked U.S. District Judge Jesus Bernal to issue a temporary restraining order that would prevent the state from including worship services in the wider stay-at-home order that had closed non-essential businesses and prohibits gatherings.

Representing the plaintiffs during an hour-long hearing by telephone, attorney Harmeet Dhillon said the judge should apply the constitutional standard of “strict scrutiny” in determining the lawfulness of confining congregants to online services.

Deputy Atty. Gen. Todd Grabarsky countered on behalf of the state, arguing: “Any harm the plaintiff suffers is significantly outweighed by the harm to the public health that this disease provides.”

In denying the plaintiffs’ application for a restraining order, Obama appointee Judge Bernal in Los Angeles said: “During the state of emergency the executive powers are in effect, in that they are empowered to provide for emergency remedies which may infringe on fundamental constitutional rights.”

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