California Churches Take Fight For In-Person Worship To SCOTUS

SOUTHERN CALIFORNIA — After the U.S. Supreme Court last week directed a lower court to reconsider a California case involving a local church with campuses in Corona, Los Angeles, Pasadena and Santa Ana, a battle against the state's ban on in-person worship amid the pandemic continues.

On Wednesday, Liberty Counsel filed a renewed application to the U.S. Supreme Court on behalf of Harvest Rock Church and Harvest International Ministry asking for an injunction in their federal lawsuit against California's "unconstitutional worship ban and discriminatory treatment," it was announced.

Liberty Counsel is a tax-exempt organization that engages in litigation related to evangelical Christian values. In addition to the Harvest Rock case, the organization has also weighed in on the 2020 Presidential Election, claiming it was fraudulent.

The Harvest Rock application comes on the heels of the last month's U.S. Supreme Court decision in New York-based Roman Catholic Diocese of Brooklyn v. Cuomo and Agudath Israel v. Cuomo. The justices' 5-4 decision ruled in favor of the Roman Catholic Diocese of Brooklyn and Agudath Israel of America, which argued that New York's health restrictions violated the Free Exercise Clause of the First Amendment.

After much legal wrangling in the two weeks since the SCOTUS decision, another district court hearing has been set for December 18 in the matter of Harvest Rock Church, Inc.; Harvest International Ministry v. Gavin Newsom. But with few victories in California courts, Legal Counsel and its client have again eyed the U.S. Supreme Court.

"The Supreme Court has already issued to this court, and every other, a roadmap that leads to one destination — that the restrictions on churches and places of worship in California violate the First Amendment Free Exercise Clause. In Roman Catholic Diocese v. Cuomo, the High Court stated unequivocally: 'There can be no question that the challenged restrictions, if enforced, will cause irreparable harm,'" Legal Counsel contended.

In Pasadena, where Harvest Rock is based, local authorities have threatened criminal charges, fines, and closure for being open for worship against the governor’s orders and local health orders, according to Legal Counsel.

"The letters threaten up to one year in prison, daily criminal charges and $1,000 fines against the pastors, staff, and parishioners," Legal Counsel stated in a news release.

“Our case is back at the Supreme Court to seek emergency relief from the daily criminal threats and fines," said Liberty Counsel Founder and Chairman Mat Staver. "These threats and fines extend to every parishioner and carry up to one year in prison. The lower district court cannot ignore the irreparable harm or the Supreme Court’s clear roadmap. The High Court has left the door open for resolution.”