CA Churches File Supplemental Brief to Ninth Circuit

Jan 8, 2021

Liberty Counsel filed a Second Supplemental Brief to the Ninth Circuit Court of Appeals regarding the emergency injunction pending appeal for Harvest Rock Church and Harvest International Ministry against Governor Gavin Newsom’s worship restrictions. Following oral argument this week on Monday, the Ninth Circuit Court of Appeals requested the parties to file Supplemental Briefs to address the December 3 Regional Stay-at-Home Order. Governor Gavin Newsom must reply by 9 a.m. PT on Monday. 

The Supplement Brief points out that the recent Regional Stay-at-Home Order continues to ban all worship and discriminates against houses of worship. On July 13, Gov. Gavin Newsom banned all indoor worship, and on August 28, the “Blueprint” continued to ban all worship in Tier 1, which covered most of the state. Then on December 3, Gov. Newsom issued a “temporary” Regional Stay-at-Home Order that continues to ban all worship for 99.9 percent of California residents.

While Newsom continues to ban all worship, the Regional Stay-at-Home Order contains 29 single-spaced pages of exemptions covering 13 sectors and hundreds of subsectors of gatherings that are permitted to operate and assemble. 

Gov. Newsom continues to argue against reality despite the Supreme Court’s decisions in Roman Catholic Diocese of Brooklyn v. Cuomo and Agudath Israel v. Cuomo, two decisions from the Ninth Circuit, and the Second Circuit in the Catholic Diocese and Agudath Israel cases. 

Liberty Counsel Founder and Chairman Mat Staver said, “Gov. Gavin Newsom continues to violate the First Amendment by discriminating against houses of worship. The High Court has issued a clear road map that leads to the ultimate conclusion that Gov. Newsom’s ban of worship is unconstitutional.” 

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