Chief Traitor
Although California’s guidelines place restrictions on
places of worship, those restrictions appear consistent with
the Free Exercise Clause of the First Amendment. Similar
or more severe restrictions apply to comparable secular
gatherings, including lectures, concerts, movie showings,
spectator sports, and theatrical performances, where large
groups of people gather in close proximity for extended periods of time. And the Order exempts or treats more leniently only dissimilar activities, such as operating grocery
stores, banks, and laundromats, in which people neither
congregate in large groups nor remain in close proximity for
extended periods.
. . . .
The notion that it is “indisputably clear” that the Government’s limitations are unconstitutional seems quite improbable.
In sum, California’s 25% occupancy cap on religious worship services indisputably discriminates against religion, and such discrimination violates the First Amendment. — KAVANAUGH, J., dissenting
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