ADVOCATES FOR FAITH & FREEDOM
FOR IMMEDIATE RELEASE: FRIDAY, December 12, 2025
CONTACT: NICOLE VELASCO
media@FAITH-FREEDOM.COM
Washington D.C. — Advocates for Faith & Freedom, in partnership with the American Center for Law & Justice, has filed a Petition for Writ of Certiorari asking the United States Supreme Court to overturn more than $1.2 million in fines imposed on Calvary Chapel San Jose and Pastor Mike McClure for the simple act of gathering to worship.
This case stands as one of the clearest examples of government overreach against a church in modern American history.
During COVID, California forced churches to close, restrict worship, and enforce mandates that violated Calvary Chapel’s sincerely held beliefs. At the very same time, the state allowed widespread exemptions for secular operations such as restaurants, athletic programs, and government offices.
Calvary Chapel chose obedience to Scripture over obedience to shifting political orders. The county retaliated with rapidly escalating fines that soared to $5,000 per day, ultimately exceeding $1.2 million, along with coercive demands for sworn compliance with orders later deemed unconstitutional.
In addition to the $1,228,700 judgment, Santa Clara County is seeking $1,098,244 in attorneys’ fees and $45,753 in costs, which remain stayed pending appeal. If imposed, the total financial burden on Calvary Chapel would exceed $2.37 million – a staggering sum designed to punish a church for worshipping God during a crisis.
The petition emphasizes that the Supreme Court has already ruled in Tandon v. Newsom that government cannot treat religious gatherings worse than comparable secular activities. California ignored that mandate and continued to target churches.
“Government officials may not weaponize emergencies to suspend the First Amendment,” said Erin Mersino, Vice President and Chief of Supreme Court and Appellate Litigation for Advocates for Faith & Freedom. “California imposed some of the most aggressive restrictions on churches in the country, and this case is about ensuring the government never does this again.”
The petition asks the Supreme Court to resolve four pressing constitutional issues:
Whether government may dictate the internal practices of worship.
Whether restrictions with secular exemptions must face strict scrutiny.
Whether massive financial penalties for worship violate the First Amendment.
Whether the Excessive Fines Clause protects churches from multi-million-dollar punishment.
“Freedom means nothing if the government can fine churches into submission,” said Joel Oster, Vice President and Chief of Trial Litigation for Advocates for Faith & Freedom. “If local officials can impose crushing penalties until churches surrender their constitutional rights, then those rights do not exist in any meaningful way.”
Although the pandemic has ended, the precedent remains. Without Supreme Court intervention, state and local officials will be free to target churches during any future emergency and punish ministries for simply remaining faithful.
Calvary Chapel opened its doors because God commanded them to gather. Now the Supreme Court must decide whether the government has the authority to punish a church for obedience to God.###
Advocates for Faith & Freedom is a non-profit law firm dedicated to protecting constitutional and religious liberty in the courts. Our mission is to engage in cases that will uphold our religious liberty and America’s heritage and to educate Americans about our fundamental constitutional rights.