The impact of the Supreme Court’s recent shift on restrictions on religious services involving New York’s limitations on church and other religious services has reached California. Here is my post about that case: https://wp.me/p7pwQD-OS
Yesterday, a Kern Country Superior Court judge granted similar relief to a Catholic priest in Father Trevor Burfitt v. Gavin Newsom.
The ruling held that the Governor’s order failed the strict scrutiny test, and hence the court granted a preliminary injunction by the Governor from enforcing any order which “fails to treat houses of worship equal to the favored class of entities.” The decision pretty much follows the Supreme Court’s decision in the Cuomo case.
Here is the order. Burfitt-Win. It is not the final decision in the case, but I suspect the case will never go to trial and that in light of this decision and the recent Supreme Court’s decisions. (There was another one after the Cuomo case. Here is my post about that one: https://wp.me/p7pwQD-Pl)
Yesterday was a good day for Californians wishing to go to religious services, and also for those who think that the restrictions go too far. The big unanswered question is will the new conservative majority in the Supreme Court be as skeptical about other kinds of prohibitions or mandates.
Rick Jaffe, Esq.