UPDATE: Nevada church case
Case Updates
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Casinos are still treated more favorably than churches in Nevada
Dear John,
Have you heard of the constitutional right to gamble?
Me neither.
But there is a constitutional right to religious freedom.
That’s why what’s happening in Nevada is so troubling. The government continues to treat churches worse than casinos and other businesses. This is a clear violation of the First Amendment.
It all started when Nevada began reopening after its COVID-19 lockdown.
Casinos, restaurants, bars, amusement parks, and other close-contact businesses were free to open at half capacity.
And open they did. News outlets showed a video clip of people filing into casinos en masse. “Vegas is back!” screamed the headlines.
But in an alarming double standard, churches throughout the state faced criminal and civil penalties if they dared to open their doors to more than 50 worshippers.
So if a casino and a church both had capacity for 1,000 people, the casino could host 500 gamblers while the church was limited to hosting 50 people at a religious service.
John, when government officials treat religious gatherings worse than secular ones, like we’re seeing today, it shows not only a disregard for the First Amendment, but also a complete misunderstanding of people of faith and why we gather to worship.
Thankfully, one church in Nevada is taking a stand.
With the help of Alliance Defending Freedom, Calvary Chapel Dayton Valley filed a lawsuit to put a stop to the unjust restrictions on Nevada churches.
This was five months ago, John. And this church is still fighting for its religious freedom.
In early July, we filed an emergency application with the U.S. Supreme Court, asking the high court to grant relief to Calvary Chapel while the case goes forward. This would have allowed the church to gather at half capacity—the same basis as secular businesses—until the lawsuit is resolved. But in a disappointing 5-4 vote, the Justices turned us down.
But bad news or a disappointing decision doesn’t mean we give up, John.
The case is now pending at the U.S. Court of Appeals for the 9th Circuit. And every day that passes is critical for Calvary Chapel as they work to reach the lost and share the hope of the Gospel during this challenging time.
That’s why this case is so important.
We must protect churches from discrimination. Anything less than equal treatment is unconstitutional.
It’s not good enough that two weeks ago the Nevada Governor provided new guidance on church attendance. Churches are now capped at 250 people, and some churches aren’t even allowed to have that many depending on their building size. Yet casinos continue to operate at 50% capacity no matter how many people are in the building!
John, this isn’t hard.
If casinos don’t need a hard cap on visitors, neither do churches.
The government cannot treat churches and people of faith as second-class citizens. And there is a big difference between protecting public health and abusing state power to punish people of faith. Right now, government officials in Nevada are failing the test.
What affects the church, affects you and your family
The more the government reaches its hand into the affairs of the church, the more at risk your religious freedom becomes.
Because what affects the church affects you, John.
That’s why your tax-deductible gift today is so critical.
We must continue to stand for religious freedom—all the way to the U.S. Supreme Court when necessary. And ADF is committed to defending individuals, organizations, and churches like Calvary Chapel that are willing to take that stand.
If we want to protect the legacy of religious freedom here in America for our children and grandchildren, we must act now.
Will you stand with churches and help protect religious freedom today? When you do, you’re defending your right as an American to freely live out your faith.
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Thank you for giving generously. Together and with God’s blessing (John 15:5), we can defend religious freedom here in America.
God bless you,
John Bursch
Vice President of Appellate Advocacy
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Alliance Defending Freedom
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