The Civil Rights Division of the U.S. Department of Justice (DOJ) warned California Gov. Gavin Newsom Tuesday that his reopening plan discriminates against religion and must be modified to allow for religious services to reopen.
Assistant Attorney General Eric Dreiband pointed out that Newsom’s plan allows a variety of businesses to reopen in “Stage 2,” but does not allow churches and other houses of worship to reopen until “Stage 3,” for no apparent reason.
Citing Attorney General William Barr’s April memorandum warning state and local governments to respect First Amendment rights of religious freedom — “[T]he Constitution is not suspended in times of crisis,” Barr wrote — Dreiband argued that while California could determine the pace of its reopening, it could not infringe on religion:
Of course we recognize the duty that you have to protect the health and safety of Californians in the face of a pandemic that is unprecedented in our lifetimes.
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Laws that do not treat religious activities equally with comparable nonreligious activities are subject to heightened scrutiny under the Free Exercise Clause of the First Amendment. … Religious gatherings may not be singled out for unequal treatment compared to other nonreligious gatherings that have the same effect on the government’s public health interest, absent the most compelling reasons.
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