Santa Clara cannot enforce ban on indoor religious service



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WASHINGTON – The Supreme Court is telling Santa Clara County, California, it cannot impose a ban on indoor religious worship services put in place due to the coronavirus pandemic.

The High Court issued an order on Friday night in a case brought by a handful of churches.

Judges in early February told the state of California it could not ban indoor religious services due to the pandemic. Judges said at the time that the state could cap interior services at 25% of a building’s capacity and continue to ban chanting and singing.

But Santa Clara had argued that its temporary ban on indoor gatherings of any kind, including worship services, should be allowed. The county, which includes San Jose, said it does not treat places of worship any differently from other indoor spaces where it bans gatherings and limits attendance. The county said people can enter places of worship to pray or confess, among other things, but cannot meet with groups of other people. The county said the same is true for retail establishments, where shoppers can visit but not congregate for an event such as a book reading.

The judges’ unsigned order on Friday said their action was “clearly dictated” by their order earlier this month. The three liberal judges of the tribunal were dissenting.

Santa Clara had told the court in a letter Thursday that coronavirus cases in the county had recently continued to decline and that it was already on the verge of lifting its ban on indoor gatherings. If the data continues the positive trend, the letter says, the county expects to allow all indoor gatherings, subject to restrictions, as early as next Wednesday.

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