In a stunning reveal late Sunday afternoon, the ninth circuit court of appeals announced an opinion regarding Democratic governor of California Gavin Newsom’s executive order saying the closing of churches does not violate the first amendment.
Now this is interesting because it violates two important aspects of the first amendment. The first is the right to freedom of religion and the second is the right to freedom of assembly.
But the court sided with the Democratic leadership saying “Where state action does not ‘infringe upon or restrict practices because of their religious motivation’ and does not ‘in a selective manner impose burdens only on conduct motivated by religious belief,’ it does not violate the First Amendment,” the Ninth Circuit Court judges wrote.
“We’re dealing with a highly contagious and often fatal disease for which there presently is no cure,” they wrote.
Judge Daniel Collins filed an 18-page dissent, arguing that the state should “honor its constitutional duty to accommodate a critical element of the free exercise of religion — public worship.”
“I do not doubt the importance of the public health objectives that the State puts forth, but the State can accomplish those objectives without resorting to its current inflexible and over-broad ban on religious services,” he wrote.