Three California churches sued Gov. Gavin Newsom after the Democratic governor mandated they suspend singing during the state’s coronavirus resurgence.
The churches, which filed the suit on Wednesday in a federal court in Sacramento, are seeking an exemption from a July 1 executive order requiring them to “discontinue singing and chanting” at services. Like other coronavirus-related church lawsuits, it argues that the order treats churches differently than other sectors of society, saying that Newsom “has been unwavering in his support of massive protests,” where much chanting has occurred.
“When asked to explain whether people should heed Newsom’s mandate and avoid large crowds and gatherings, Newsom refused to place the same restrictions on protesters and explained ‘we have a Constitution, we have a right to free speech,’ and further stated that ‘we are all dealing with a moment in our nation‘s history that is profound and pronounced — do what you think is best,'” the complaint said.
The complaint said that Newsom’s order does not extend the same leniency to churches, instead threatening them with a “fine, imprisonment, or both” if they violate the singing ban.
“This ban is clearly targeted at religion,” said Jordan Sekulow, executive director of the American Center for Law and Justice, one of the nonprofit law firms representing the churches. “It is clearly a violation of the First Amendment and a direct violation of religious liberty.”
But the three churches, Calvary Chapel of Ukiah, Calvary Chapel Fort Bragg, and River of Life Church, are not part of a second ban Newsom instituted this week, asking the majority of churches in the state to suspend their indoor services to prevent spreading the disease. Many other churches have stated that they have no intention to comply with the ban.
“Enough is enough. We believe as Christians that we are being attacked,” said Don Komush, pastor of Upper Room Church near Fresno, who is planning to hold a large protest against Newsom’s orders this weekend.
Greg Fairrington, pastor of Destiny Christian Church near Sacramento, voiced a similar opinion. Building on his frequent criticisms of Newsom’s leadership, Fairrington said in a Monday video that he has no intention of following Newsom’s orders and that he hopes his congregants will show up to church on Sunday.
“I believe my mandate as a pastor is to obey the word of God,” he said.
This is the second round of resistance Newsom has faced since he shut down the state in March. Previously, many churches sued him for a ban on in-person church services, arguing that community was essential to the free exercise of worship. Newsom also faced pressure from the federal government to reopen churches, with Attorney General William Barr writing him a letter warning that he was placing an “unfair burden” on churches.
Newsom lifted the ban after a coalition of more than 3,000 churches threatened to reopen in May with or without his approval. At about the same time, President Trump delivered an ultimatum to governors still banning church services: Open immediately, or he would “override” their authority.
The White House soon walked back Trump’s comments, clarifying that the administration did not have direct authority to override governors with regard to churches. At the same time, however, Barr continued his pressure campaign until every state allowed in-person church services in some form.
