Sunday, May 31, 2020

Supreme Court Rejects Church's Challenge To Coronavirus Rules

I have followed extreme right wing "Christian" organizations and related "family values" groups for over a quarter of a century now and several things are a common theme with them: (i) they view themselves above the law, (ii) they want their toxic version of Christianity to be the established religion in America, (iii) their followers seemingly hate almost everyone, but especially gays, who don't embrace their ugly beliefs, and (iv) most have very strong white supremacist overtones and some groups, like The Family Foundation here in Virginia, traces their roots back to strident segregationists.  Simply put, they are NOT nice people and they hold constitutional democracy in contempt unless they are in control and can discriminate and harm those they dislike - which is most of the nation's population.  

In June, 2016, the leaders of these groups - some of which are certified hate groups - made a pact with Donald Trump where they agreed to support a man who embodies the seven deadly sins if he gave them special rights. They bear a huge responsibility for Trump being in the White House and for his part Trump has delivered in the form of reactionary ideologues being appointed to the federal courts, the undoing of Obama administration policies that protected gays and other minorities, and supporting the myth that they are being persecuted when in reality what they face is a majority of Americans saying they are tired of the hate and bigotry that these false Christians represent.  

Enter the Covid-19 pandemic and many of the right wing churches have objected to social distancing and shutdown orders implemented to control the spread of the virus.  Some filed federal lawsuits challenging such orders and claiming they "discriminated against religion (a church in Virginia among them).  Late Friday, in a 5-4 decision, the U.S. Supreme Court  rejected their self-centered and selfish claims and ruled against a church in California and several others.  The ruling should be dispositive of the Virginia lawsuit as well.  NPR looks at this welcome ruling that clearly states these people are not above the law.  Here are story excerpts:
The Supreme Court has rejected a California church's attempt to overturn the state's coronavirus restrictions on in-person religious services.
In a 5-4 decision issued late Friday, Chief Justice John Roberts sided with the court's liberal bloc in upholding the state's right to impose limits on congregations in order to slow the spread of COVID-19.
"Although California's guidelines place restrictions on places of worship, those restrictions appear consistent with the Free Exercise Clause of the First Amendment," Roberts said, in an opinion that denied a request by the South Bay United Pentecostal Church for relief from the rules.
The Chula Vista-based house of worship sued Gov. Gavin Newsom, a Democrat, over an order limiting congregations to 25% capacity or 100 attendees, whichever is lower. The plaintiffs told the court its services typically attract 200 to 300 congregants.
Worship services and nonessential retail were halted for more than two months in California, which has recorded nearly 107,000 confirmed cases of the coronavirus and more than 4,000 deaths.
During the lawsuit's path through the lower courts, the state issued guidelines earlier this week allowing for a limited reopening — but that did not satisfy the plaintiffs, who felt the eased restrictions remained unconstitutional.
In rejecting that challenge, Roberts wrote that the Constitution generally grants broad leeway to state leaders in circumstances of medical uncertainty. In particular, the chief justice found that Newsom's order was consistent in limiting not just religious services, but also various kinds of activities "where large groups of people gather in close proximity for extended periods of time."
"The notion that it is 'indisputably clear' that the Government's limitations are unconstitutional seems quite improbable," wrote Roberts.
The court's four reliably conservative justices — Samuel Alito Jr., Neil Gorsuch, Brett Kavanaugh and Clarence Thomas — dissented. Kavanaugh said the guidelines violate the First Amendment because they "discriminate against places of worship and in favor of comparable secular businesses."
In a separate case, the court also rejected a lawsuit from two churches in Illinois seeking to block Gov. J.B. Pritzker's rule limiting religious services to just 10 worshipers. Pritzker later modified the order to allow for up to 100 people at services, and the court denied the churches' request for relief without a noted dissent.
The limits on church services have been a flashpoint in the national conversation surrounding the coronavirus, with President Trump wading into the controversy earlier this month to push for churches' right to reopen. Even as many states — such as California and Illinois — have moved to loosen their restrictions in recent weeks, critics continue to argue that the rules on houses of worship are discriminatory. 
“The precise question of when restrictions on particular social activities should be lifted during the pandemic,” Roberts declared, “is a dynamic and fact-intensive matter subject to reasonable disagreement.” The Constitution leaves such decisions “to the politically accountable officials of the state,” whose decisions “should not be subject to second-guessing” by judges who lack “background, competence, and expertise to assess public health.” Multiple coronavirus outbreaks in California have been traced back to religious services. California has good reason to treat churches more like concerts—where people “congregate in large groups” and “remain in close proximity for extended periods”—than grocery stores, where they can social distance. For courts, that should be the end of the matter.
But Kavanaugh’s assertion that California treats churches and “comparable secular businesses” differently begs the question: what is a comparable secular business? When it comes to the spread of infectious disease, is a church really just like a grocery store, where people spend as little time as possible, separated by aisles and shopping carts, rarely speaking to one another? Or is it more like a concert, where people congregate for lengthy periods, shoulder to shoulder, often speaking or singing and thereby spreading droplets that may contain the coronavirus?
 What is genuinely shocking about Kavanaugh’s dissent is that he does not even address this question. The dispute lies at the heart of the case, and Kavanaugh ignores it. He simply takes it as a given that churches are “comparable” to grocery stores when it comes to risk of spreading COVID-19. By warping the facts, Kavanaugh paints California’s rules as irrationally discriminatory, when in fact they are based on medical advice Newsom has right now. If the justice wants to override public health measures during a pandemic, shouldn’t he at least admit that he’s substituting his own scientific judgment for that of a democratically elected lawmaker’s?
Roberts seems to think so. His opinion ends with a clear swipe at Kavanaugh: “The notion that it is ‘indisputably clear’ that the Government’s limitations are unconstitutional,” the chief justice wrote, “seems quite improbable.” Roberts went out of his way to telegraph his displeasure with the raft of lawsuits contesting COVID-19 restrictions as unconstitutional burdens on religious liberty. Even in borderline cases, he suggested, courts must defer to the people’s representatives if they decide the health crisis requires limitations on public assemblies.
Kudos to Roberts for putting science and medical knowledge above myths and superstition.  Let the charlatans in pulpits and scamvangelist - who put money ahead of public safety - continue to lose money as their flocks stay home.  

1 comment:

Hot guys said...

They honestly need to stop with their cr*p and get real. ✌🏻