HomeTop StoriesSupreme Court Lifts California Worship Bans Prompted by Coronavirus
February 6, 2021
Supreme Court Lifts California Worship Bans Prompted by Coronavirus
Congregants from separate families are seated in socially distanced chairs and required to wear face coverings to prevent the spread of the coronavirus. | Photo by Mario Tama/Getty Images
by JOSH GERSTEIN
A splintered U.S. Supreme Court blocked California from enforcing coronavirus-related bans on indoor worship services, but declined to upset other state rules banning singing and chanting and limiting the number of worshipers.
The ruling issued just before 11 p.m. ET Friday produced four separate statements by the justices, as well as a convoluted description of what relief various justices would have granted to churches objecting to the limits.
However, a majority of the court was only willing to lift the ban California has applied on all indoor worship in Tier 1 counties — those most challenged by Covid-19. The other restrictions remain undisturbed, for now.
Justices Neil Gorsuch and Clarence Thomas would have granted all the churches’ requests, lifting the singing and chanting bans and barred California from enforcing a 25 percent capacity limit that applies to many indoor facilities. Justice Samuel Alito would have had such a ban kick in 30 days from now if the state didn’t make certain showings in court.
“Even if a full congregation singing hymns is too risky, California does not explain why even a single masked cantor cannot lead worship behind a mask and a plexiglass shield. Or why even a lone muezzin may not sing the call to prayer from a remote location inside a mosque as worshippers file in,” Gorsuch wrote.
Barrett opted for a middle-ground position with Justice Brett Kavanaugh that did not go as far as Gorsuch, Thomas or Alito.