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The court blocked so-called assembly restrictions in Santa Clara County that critics said treated churches differently from secular businesses in violation of the First Amendment.
The issue bitterly divided the court, and the three liberal judges – Elena Kagan, Stephen Breyer and Sonia Sotomayor – noted their dissent in an after-hours order on Friday.
The court acted despite the restrictions expected to be lifted next week.
The dispute was brought by several churches in Santa Clara County who opposed a ban on all indoor gatherings, including political events, weddings, funerals, film screenings and church services. worship.
Although the Supreme Court earlier this month overturned state regulations that banned indoor worship services, the state is allowing counties to adopt their own stricter rules.
In court documents, attorneys for churches in Santa Clara County said the county “did just that.”
“The Santa Clara public health director forced worshipers outside in the heat and smoke of summer and the cold and rain of fall and winter,” pleaded Kevin T. Snider, a church lawyer, in court documents.
“Article III courts have a duty to jealously and zealously protect the rights of the peoples of the other two branches of government and states at times like these,” he said, calling the county “Island of tyranny”.
Santa Clara County allows places of worship to meet at 20% of capacity for any purpose except worship services. Other businesses, including grocery and retail stores, as well as hair salons and tattoo and body art salons, are allowed to operate at 20% of capacity.
A lower court upheld the restrictions, ruling that they were neutral regulations that apply to everyone.
In court documents, county attorneys distinguished their dispute from the recent Supreme Court case, South Bay v. Gavin Newsom, which concerned statewide regulations. They said their restrictions are “fundamentally different” from others the judges have already considered because they “do not place special restrictions on religious institutions.”
“Instead,” James R. Williams, of the county attorney’s office, argued “that they are banning all indoor gatherings of all kinds at all locations.” Williams stressed that places of worship are not closed. They are open for individuals to pray, go to confession, and seek spiritual guidance.
“Critically, retail stores and other secular establishments are subject to precisely the same rules,” he said, noting that shoppers can purchase items inside but cannot attend a rally inside. inside like a book reading.
In its brief Friday order, the Supreme Court disagreed, although it did not provide its reasoning. The court said the outcome of the case “is clearly dictated” by its decision in South Bay.
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