Will U.S. Supreme Court Finally Compel States to Come to Their Senses?

March Newsletter

How many of us would have ever imagined that, for the better part of a year now, Advocates for Faith & Freedom would be fighting tooth and nail to defend the Constitutional rights of America’s pastors to keep their churches open for in-person services and worship?

Even while we are seeing lower Covid-19 case numbers, vaccines are becoming available, and epidemiologists estimate we could reach herd immunity by April, public officials are still unconstitutionally regulating and enforcing strict limitations on indoor church and worship services. They are still requiring regular church attenders to comply with social distancing and mask wearing. There are still strict regulations – if not outright bans – on singing, chanting and the playing of certain instruments in church, as well as in-person baptisms and communion services. 

In 2020, we filed lawsuit after lawsuit in State and Federal courts against California’s governor – considered the most aggressive in the country when it comes to Covid-19 lockdown orders – requesting Declaratory Relief, Injunctive Relief, and Temporary Restraining Orders in over 10 counties including Butte, Fresno, Lodi, Los Angeles, Mendocino, Riverside, San Bernardino, San Diego, Santa Clara, San Joaquin, and Ventura. We immediately began receiving media attention and inquiries from national TV, radio and print journalists who were both interested and concerned about the apparent constitutional violations the lockdowns were perpetrating.

With a passion to protect the Church’s Civil Rights and First Amendment liberties, our Christian attorneys collaborated with other ardent constitutional and religious liberty lawyers and organizations like American Center for Law & Justice (ACLJ) and National Center for Law & Policy (NCLJ) to strategize and file legal complaints.

“Our civil rights are not suspended by a virus,” declared Dean Broyles, president of NCLJ and co-counsel in our case on behalf of Cross Culture Christian Center in Lodi County. Religious liberty is one of our ‘first freedoms’ recognized by the First Amendment in the Bill of Rights.

 It is a false choice to force places of worship to choose between health or faith. They can choose both and must remain free to choose both.”

Then, when Governor Newsom banned singing and chanting in places of worship, I immediately condemned his actions, making it clear that the State does not have the jurisdiction to ban houses of worship from singing praises to God! We promptly joined forces with Jay Sekulow and ACLJ to file a lawsuit challenging the governor’s absurd order.

Jordan Sekulow, Executive Director of ACLJ agreed and further stated, "Banning singing in California churches is an unconstitutional abuse of power. And to do it in the name of a pandemic is despicable. This ban is clearly targeted at religion. It is clearly a violation of the First Amendment and a direct violation of religious liberty."

And, when it looked like our side may be gaining ground because some of the religious liberty cases were finally reaching the U.S. Supreme Court and the Justices were beginning to rule against the governors, we submitted a Friend of the Court Brief to Justice Elena Kagan for Pacific Justice Institutes’ Gateway City Church case against Newsom and Santa Clara County, the same county where our client, Pastor Mike McClure and Calvary Chapel San Jose is located.

The good news came on Friday, February 26, when Justice Kagan granted injunctive relief to Gateway City Church, explaining that California’s Ninth Circuit errored in their denial because on February 5, the high court has already dictated in their decision against the governor’s restrictions against churches in the South Bay United Pentecostal Church case.

America is not defended by one victory. We are victorious when we start believing in and following our constitutional system. When we succeed in loving our neighbors and praying for those who oppose us. When we remember that all are made in the image of God.

You can help defend Christians and other people of faith under attack across the nation by supporting Advocates. Let us stand for freedom. For the good of our nation, and to the glory of God – together!