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Religious Institutions Update: June 2021 - Employment and HR

Religious Institutions Update: June 2021 - Employment and HR
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Religious Institutions Update: June 2021 | Holland & Knight LLP

In
Tandon v. Newsom, 141 S.Ct. 1294 (2021) (per curiam), the U.S. Supreme Court enjoined pending appeal California s imposition of a blanket limitation during the COVID-19 pandemic on private gatherings of all kinds, religious and secular, in homes to three households. However, California permitted gatherings at other types of locations such as hair salons, retail stores, private suites at sporting events and concerts and indoor restaurants. According to the per curiam, [c]omparability is concerned with the risks various activities pose, not the reasons why people gather ; therefore, these activities are comparable. Government regulations trigger strict scrutiny under the Free Exercise Clause whenever they treat comparable secular activity more favorably than religious exercise. Narrow tailoring requires the government to show that measures less restrictive of the First Amendment activity could not address its interest in reducing the spread of COVID. Moreover, the state c ....

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SSPX priest in California prevails in challenge to COVID closure order

Fr. Trevor Burfitt preaches on the Solemnity of the Most Holy Trinity May 30 at Our Lady of the Angels Church in Arcadia, Calif. Father Burfitt won his lawsuit challenging California’s restrictions on in-person worship during the COVID-19 pandemic. (Photo: YouTube / Our Lady of the Angels)
The state of California will never again be able to target Our Lady of the Angels Church with a ban on Holy Mass due to COVID-19 under a permanent injunction in a priest’s lawsuit against California Gov. Gavin C. Newsom.
Fr. Trevor Burfitt of the Society of St. Pius X, and the Thomas More Society sued Newsom in September 2020, challenging the state’s ban on indoor worship as a violation of constitutionally protected freedom of religion. California Superior Court Judge Gregory Pulskamp issued a temporary injunction against California’s COVID restrictions on Dec. 10, 2020. A permanent injunction signed by Judge Pulskamp on May 27 bars the state from ever imposing discriminatory res ....

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