U.S. Supreme Court Orders Governor to Respond to Local Church’s Emergency Petition

Gov. Gavin Newsom was ordered to respond by 2 p.m. Monday to an emergency petition filed with the U.S. Supreme Court by Harvest Rock Church.

It is unknown at this time if the Governor complied.

Associate Justice Elana Kagan issued the order to Newsom in response to the church’s request to the High Court for an injunction pending appeal in their federal lawsuit against what the church has deemed a “worship ban and discriminatory treatment.”

The injunction would allow the Pasadena church to continue to meet indoors. The church has continued to meet in spite of Newsom’s order which allows only essential businesses to continue operating.

“Harvest Rock Church has multiple campuses in California, including in Pasadena, Los Angeles, Irvine and Corona,” according to a statement released on Saturday. “Harvest International Ministries has 162 member churches throughout the state. Harvest Rock Church has received letters from the Planning and Community Development Department, Code Enforcement Division, for the City of Pasadena and from the Pasadena Office of the City Attorney/City Prosecutor, Criminal Division, threatening up to 1 year in prison, daily criminal charges and $1,000 fines against the pastors, church, governing board, staff, and parishioners, which includes a threat to close the church.”

The appeal could allow the conservative-leaning court to reinstate indoor services in California as cases and hospitalization cases spike. Last week, the court ruled in favor of New York churches. 

In that ruling,  the High Court said, “Not only is there no evidence that the applicants have contributed to the spread of COVID–19, but there are many other less restrictive rules that could be adopted to minimize the risk to those attending religious services. Even in a pandemic, the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty. Before allowing this to occur, we have a duty to conduct a serious examination of the need for such a drastic measure.”

Newsom’s order does not bar anyone from attending services. The order prohibits meeting indoors. An order released on Friday specifically bars large gatherings but allows for outdoor religious gatherings and protests.  

City officials have ordered the church to close its doors, but so far church leaders have remained defiant.

In August, Assistant City Prosecutor Michael Dowd warned church leaders that if the church continues to hold indoor gatherings, church staff and owners could be subjected to criminal penalties, as well as the closure of the church.

“Your compliance with these orders is not discretionary, it is mandatory,” wrote Dowd in the Aug. 13 letter to Harvest Rock Pastor Che Ahn. “Any violations in the future will subject your church, owners, administrators, operators, staff, and parishioners to the above-mentioned criminal penalties as well as the potential closure of your church.”

In a 2-1 decision on Oct. 1, the Ninth Circuit Court of Appeals ruled against the church.

In the decision to deny the church’s request, the judges wrote that “In order to demonstrate that an injunction pending appeal is warranted, Harvest Rock must show that it is likely to succeed on the merits, that it is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in its favor, and that an injunction is in the public interest.”

According to the letter, people who attended these services as well as church staff were not complying with the relevant governmental orders concerning social distancing or the wearing of protective masks.

Ahn and other church leaders could face separate charges carrying a potential punishment of up to one year in jail and a fine for each violation. Ahn has committed to paying any fines levied against church members.

So far, the city has taken no action against church leaders. 

Newsom’s order allows outdoor gatherings, but not indoor meetings.

The state’s health and safety laws allow local health officers to take any preventive measures that may be necessary to protect and preserve the public health from any state of emergency declared by the governor after a local health emergency has been declared.

Despite assertions by attorneys for the church that Newsom’s order does not allow religious gatherings, the state order does allow for outdoor church services.

Officials with the church have argued that their First Amendment right to freedom of religion has been violated.

A federal judge has ruled that the content of the speech was not an issue. The issue lies with speech taking place indoors before large groups.

“The Orders apply the same restrictions to worship services as they do to other indoor congregate events, such as lectures and movie theaters. Some congregate activities are completely prohibited in every county, such as attending concerts and spectating sporting events,” the court ruled.

The church has also contended that Newsom looked the other way when it came to demonstrators in California, some without masks or facial coverings, protesting the death of George Floyd at the hands of police in Minnesota.