South Bay United Pentecostal Church, et al. v. Gavin Newsom, Governor of California, et al.
Once again, Petitioners South Bay United Pentecostal Church and Bishop Arthur Hodges III ("South Bay") must seek relief from this Court. California, in revising its reopening restrictions under a new "Blueprint" framework, exacerbates its discrimination and disparate treatment toward Places of Worship. While millions of Californians in a range of industries resumed business while observing mask-wearing and social distancing protocols, church services remain a disfavored activity in the eyes of the State and the County of San Diego.
Similar scenarios playing out in other states generated a myriad of cases requesting stays and injunctions, several of which rose through appellate courts and were submitted to this Court for review. Lower courts are divided as to the constitutional standard for reviewing Free Exercise challenges to pandemic restrictions. Courts in the Fifth and Sixth Circuits have upheld claims under the Free Exercise Clause, applying strict scrutiny review, while Courts in the Second, Seventh, and Ninth circuits have rejected such claims, often relying in part on this Court's decision in Jacobson v. Massachusetts as justification for their excessive deference to the State.
The Questions Presented are:
1. Do Governor Newsom's lockdown orders and reopening restrictions under the "Blueprint" framework, placing strict limitations, including closures, on all Places of Worship in California, violate South's Bay's First Amendment right to Free Exercise of Religion?
2. What is the proper standard of review for the challenges to State and County restrictions upon Free Exercise of Religion rights during a pandemic, and does Jacobson v. Massachusetts impose extra limitations to this Court's established line of Free Exercise jurisprudence during a pandemic?
Do Governor Newsom's lockdown orders and reopening restrictions under the 'Blueprint' framework, placing strict limitations, including closures, on all Places of Worship in California, violate South's Bay's First Amendment right to Free Exercise of Religion?