Supreme Court nixes another California pandemic restriction

(Image credit: Eric Thayer/Getty Images)

last updated 10 April 2021

The Supreme Court has once again ruled against California in a case concerning religious worship during the coronavirus pandemic.

In a 5-4 decision, mostly along ideological lines, the court ruled late Friday night that California cannot enforce its three-household limit on at-home religious meetings, such as prayer groups and Bible studies. Conservatives were in the majority, with only Chief Justice John Roberts splitting off and siding with the three liberal justices.

A panel of the 9th Circuit of Appeals had previously upheld the state's restrictions on at-home gatherings since it was a blanket ban that applied to secular and non-secular gatherings, alike. The Supreme Court's minority argued along similar lines; in a dissenting opinion, Justice Elena Kagan wrote that California is not required to "treat at-home religious gatherings the same as hardware stores and hair salons."

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE

https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

But the majority wasn't satisfied with that explanation, suggesting the state was treating secular businesses, like movie theaters and restaurants, more favorably. "The state cannot assume the worst when people go to worship, but assume the best when people go to work," the unsigned majority opinion said. "This is the fifth time the Court has summarily rejected the Ninth Circuit’s analysis of California’s COVID restrictions on religious exercise." Read more at Politico and The Washington Post.

Explore More

Tim is a staff writer at The Week and has contributed to Bedford and Bowery and The New York Transatlantic. He is a graduate of Occidental College and NYU's journalism school. Tim enjoys writing about baseball, Europe, and extinct megafauna. He lives in New York City.

Subscribe to The Week

Sign up for The Week's Free Newsletters

Sign up for Today's Best Articles in your inbox