LA County recognizes churches are constitutionally exempt from stay-at-home order

The new Los Angeles COVID restriction language specifically exempts religious gatherings as a matter of constitutional right.  

On December 1, Los Angeles County instituted a new "stay-at-home" order that specifically exempts religious services and protests from the restrictions.

According to the new rules, which generally increase restrictions on non-religious activity, "All public and private gatherings with individuals not in your household are prohibited, except for church services and protests, which are constitutionally protected rights."

Los Angeles County, which is the most populous in the United States, had been involved in litigation with several religious congregations who had argued that the existing restrictions violated constitutional rights to assembly and free exerciseThe ability to practice one's religion without hindrance as expressed in the 1st Amendment. Can be limited depending on how it affects other people. of religion. The County had imposed thousands of dollars of fines on several congregations, including Grace Community Church.

After the Supreme Court issued its ruling in a New York case on the night before Thanksgiving, it became clear that the majority of the Court believes that churches have an equal protection argument for meeting in line with other businesses and have a specific constitutional right to do so.

Rather than continue to press the issue1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order. and face an increasingly likely failure at the United States Supreme Court, it appears that Los Angeles County has decided to recognize that religious congregations do indeed have a constitutional right to meet.

Although it was a preliminary injunction, the Court's ruling last week in Archdiocese of Brooklyn v. Cuomo will have broad-reaching effects. It required the state to demonstrate a compelling state interest to restrict the free exercise of religion. Before that, under Employment Division v. SmithEmployment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990), is a United States Supreme Court case that held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual., the government would have to show that it treated everybody equally and did not treat churches worse than other businesses. This ruling might have the long-needed effect of restoring pre-Smith free exercise jurisprudenceThe study of law and the structure of the legal system to the states.

The new Los Angeles COVID restriction language specifically exempts religious gatherings as a matter of constitutional right. Other local and state governments will likely follow suit and stop making threats of fines or even incarceration for pastors. At the same time, churches should address the risks with wisdom and not take unnecessary risks with attendees and surrounding communities' health during the COVID-19 pandemic.