NEW: A sharply divided U.S. Supreme Court denied a rural Nevada church’s request to strike down as unconstitutional a 50-person cap on worship services as part of the state’s ongoing response to the coronavirus.
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Chief Justice John Roberts sided with the liberal majority in denying the request without explanation. Kavanaugh also wrote his own dissent, as did Justice Neil Gorsuch, who said today’s world “with a pandemic upon us, poses unusual challenges.” "When the government treats churches worse than casinos, gyms, and indoor amusement parks in its COVID-19 response, it clearly violates the Constitution,” he said.Calvary Chapel Dayton Valley appealed to the 9th U.S. Circuit Court of Appeals last month after a U.S. judge in Nevada upheld the state’s policy that allows casinos and other businesses to operate at 50% of normal capacity.
“The governor allows hundreds to thousands to assemble in pursuit of financial fortunes but only 50 to gather in pursuit of spiritual ones. That is unconstitutional,” its lawyers wrote in their most recent filing to the high court last week. “Temporarily narrowing restrictions on the size of mass gatherings, including for religious services, protects the health and well-being of Nevada citizens during a global pandemic,” they wrote.
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