March Newsletter

For nearly two years, Advocates has been on the tip of the spear. As many of you know, we have been fighting Santa Clara County and its draconian orders on behalf of churches and religious adherents who have faced persecution for standing up for their rights.

First, it started with Pastor Mike McClure and Calvary Chapel San Jose. During the summer of 2020, when most businesses and churches caved to the pressure and closed, Pastor Mike kept his church open. His boldness was met with great opposition, as Santa Clara County started levying crippling fines against the church and even sought to hold Pastor Mike and the church in contempt twice. Pastor Mike, of course, did not back down and continued to challenge the county’s unconstitutional COVID-19 orders in court.

Earlier this month, the momentum changed in the favor of religious freedom. On March 10, 2022, during a federal court hearing, Judge Beth Labsom Freeman admonished Santa Clara County for its persistent persecution against Pastor Mike and the church. Specifically, the Judge told the county that, “[T]he U.S. Supreme Court has clarified the law over the past two years and I intend to abide by the law as described.” She also stated, “[T]his is not the hill you want to die on.” The judge urged the county to settle the case as soon as possible.

Despite Judge Freeman’s admonition and the Supreme Court’s specific instruction, Santa Clara County continues to discriminate against religion. The county has not attempted to drop their lawsuit against Pastor Mike and Calvary Chapel San Jose, whereby they seek to collect 2.87 million dollars against the church for disobeying unconstitutional public health orders.

Further, Advocates recently filed a lawsuit on behalf of an association of Santa Clara County employees who have been placed on unpaid leave because they will not take a vaccine that violates their religious beliefs. The members sincerely held religious beliefs have been approved, but they have not been granted a reasonable accommodation. The county’s disregard for religion is blatant, as they brazenly provided accommodations to employees for medical reasons but did not provide religious accommodations.

Much like Pharaoh, who was warned several times regarding his persistent persecution of God’s chosen people, the county has been warned by the Supreme Court that their orders and discrimination towards religion is unconstitutional. The county’s continued hardening and unrelenting attack on religion will ultimately lead to a parting of the red sea moment.

In Christ,

Mariah Gondeiro, Esq.