The 5-to-4 vote was the same as when the court in May rejected a California church’s claim.
. “But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel.”“The Constitution guarantees the free exercise of religion,” Alito said in a dissent joined by the other two. “It says nothing about the freedom to play craps or blackjack, to feed tokens into a slot machine, or to engage in any other game of chance, But the governor of Nevada apparently has different priorities.
Protecting public health is a “dynamic and fact-intensive matter subject to reasonable disagreement, but one the Constitution principally entrusts to elected officials,” Roberts wrote at the time.Generally, he said, “they should not be subject to second-guessing by an unelected federal judiciary, which lacks the background, competence, and expertise to assess public health and is not accountable to the people.
The church said accommodations such as the ability to hold open-air or drive-in services was not enough. The church routinely held two Sunday services capable of accommodating up to 200 people and has not been able to meet for three months.“If a body of believers fails to hold in-person gatherings, Calvary Chapel views it as ceasing to be a church in the biblical sense,” the church said in its brief.
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