States battle churches’ lockdown challenges at SCOTUS

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States battle churches’ lockdown challenges at SCOTUS
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The governors of Illinois and California took somewhat different tacks as they urged the Supreme Court not to get involved in disputes over lockdown orders on churches

The governors of Illinois and California took somewhat different tacks Thursday night as they urged the Supreme Court not to get involved in disputes over the impact of virus-related lockdown orders on churches in their states.

“When the attendance restriction proves unnecessary, the State will lift it or loosen it,” California Attorney General Xavier Becerra and Solicitor General Michael Mongan wrote inwith the justices. “In light of the tremendous uncertainty continuing to surround this new and deadly virus, however, it would be rash to do so today, before public-health officials have had the opportunity to evaluate evidence of the policy’s effectiveness in practice.

While the churches have argued that the states’ rules have treated them worse than big box stores or offices, the states rejected that claim Thursday, insisting that the restrictions on religious worship were prompted by compelling evidence that such services pose an unusually serious risk of transmitting the virus.

President Donald Trump jumped into the fray last week, announcing — without citing any legal authority — that he was ordering states to declare religious worship at churches, synagogues and mosques to be “essential” under states’ coronavirus lockdown plans. Other federal appeals courts have agreed to churches’ requests to block lockdown orders in Mississippi and Kentucky.

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