Santa Clara cannot impose ban on religious service in closed environments

WASHINGTON – The Supreme Court is telling Santa Clara County, California, that it cannot impose a ban on religious services in closed places due to the coronavirus pandemic.

The court issued an order Friday night in a case opened by a handful of churches.

The judges, in early February, told the state of California that it cannot block closed religious services because of the pandemic. Judges said at the time that the state could limit internal services to 25% of a building’s capacity and continue to ban singing and chanting.

But Santa Clara argued that its temporary ban on internal meetings of any kind, including worship services, should be maintained. The county, which includes San Jose, said it does not treat houses of worship any differently than other indoor spaces, where it prohibits meetings and limits attendance. The county said people could enter houses of worship to pray or confess, among other things, but they could not meet with groups of other people. The county said the same goes for retail outlets, where customers can go, but cannot get together for an event like reading a book.

The unsigned order from the judges on Friday said their action was “clearly dictated” by their order earlier this month. The court’s three liberal judges disagreed.

Santa Clara told the court in a letter on Thursday that coronavirus cases in the county have continued to decline recently and that it was already close to lifting the ban on internal meetings. If the data remains on a positive trend, the letter says, the county should allow all internal meetings, subject to restrictions, as early as next Wednesday.

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