The 3 - August 16, 2020

This week's edition of The 3 continues to glance at restrictions on worship in California and provides an update to the response to restrictions by Grace Community Church, pastored by John MacArthur.  Also, a new document has been released that takes aim at what is called "cancel culture."  Plus, a handful of colleges and universities have altered their policies toward speech on campus.

MacArthur files lawsuit, receives positive temporary court reprieve

This past week, Grace Community Church in California, under the leadership of John MacArthur, filed a lawsuit against California Governor Gavin Newsom, Attorney General Xavier Becerra, and Los Angeles Mayor Eric Garcetti, according to CBN.com, in order “to prohibit California from enforcing its unconstitutional and onerous coronavirus pandemic regulations” against the church.

The church, in a press release, stated that "Judge James Chalfant denied almost all of the County’s requests, agreeing with Pastor MacArthur and the Church that it is the County’s burden to show why it should be permitted to infringe on the constitutionally protected rights of churches to freely exercise religion. The judge did also express concern for some safety protocols." Legal counsel for the church "offered to comply with mask wearing and social distancing indoors until the matter could be fully heard, rather than the County simply rushing to shut down the Church."  

Then, late Saturday night, the California Court of Appeal set aside the judge's order, saying, according to Yubanet.com, in a story linked to Grace to You Executive Director Phil Johnson's Twitter feed:

The Court of Appeal’s decision temporarily upholds the County’s Health Officer Orders prohibiting indoor worship services in order to protect congregants and the community as a whole from transmission of the highly contagious and potentially fatal COVID-19 virus.

The Sunday morning indoor service at Grace Church went on as scheduled, presumably because the church viewed the appeals court ruling as bringing the status back to square one. After agreeing to masks and social distancing, the service featured none of the above, since the city had violated the original agreement by filing an appeal.  The Christian Post reported:

MacArthur told the attendees Sunday, “We agreed … look, we’ll comply for a few weeks. They asked that for three weeks. We’re not wanting to be defiant. We will do what is reasonable. That was not enough for the city. They went to the appellate court Saturday late, and had that order removed.”

A hearing is set for September 4.

In a related story from the Golden State, according to The Christian Post:

San Luis Obispo County District Attorney Dan Dow confirmed late last month he will not prosecute churches for holding worship services or for singing in church, which was deemed unlawful by an order from California Gov. Gavin Newsom.

In many counties, pastors have had to decide between revolting or abiding by the order.

Newsom’s order to ban or limit church gatherings has led to lawsuits from churches and even a federal court ruling in May, where District Judge John A. Mendez ruled that Newsom’s order is legal during the COVID-19 crisis.

Christian leaders, other participate in Philadelphia Statement, responding to "cancel culture'

The proliferation of what has come to be known as "cancel culture" has sparked a number of academicians and thought leaders, including Christian ministry leaders, to attach their names to a document called the Philadelphia Statement.  The Daily Signal reported that the statement said, in part: "If we seek to change our country’s trajectory; if we desire unity rather than division; if we want a political life that is productive and inspiring; if we aspire to be a society that is pluralistic and free, one in which we can forge our own paths and live according to our own consciences, then we must renounce ideological blacklisting and recommit ourselves to steadfastly defending freedom of speech and passionately promoting robust civil discourse."

Some familiar names have endorsed the document, including Professor Robert George at Princeton University, who was one of the original co-creators of the Manhattan Declaration, which was a statement of affirmation for life, marriage, and religious liberty.  The founder of the Alliance Defending Freedom, Alan Sears, and its current President, Michael Farris, are signers of the Philadelphia Statement, as well as Dean Nelson, chairman of the Frederick Douglass Foundation.  Other notable signers including recent Meeting House guests Mike Gonzalez of the Heritage Foundation and former Vanderbilt law professor Carol Swain, who were mentioned in the Daily Signal article.  The website for the statement also indicates that Colson Center head and Breakpoint speaker John Stonestreet also signed on to the document.

The Statement also notes:

A society that lacks comity and allows people to be shamed or intimidated into self-censorship of their ideas and considered judgments will not survive for long. As Americans, we desire a flourishing, open marketplace of ideas, knowing that it is the fairest and most effective way to separate falsehood from truth. Accordingly, dissenting and unpopular voices—be they of the left or the right—must be afforded the opportunity to be heard. They have often guided our society toward more just positions, which is why Frederick Douglass said freedom of speech is the “great moral renovator of society and government.”

Good news for free speech on campus as college students return to school

Students are returning to campuses nationwide, and while the learning environment will certainly be different due to COVID-19 and its accompanying safety protocols, the Alliance Defending Freedom has continued to take steps to make sure that free speech is guaranteed on campus. On behalf of its client, Young Americans for Liberty, ADF's website notes that it has sent 26 letters "to schools in 14 states in response to official policies that violate students’ rights protected by the First Amendment. Many of those policies directly violate state laws known as 'FORUM acts,' which expressly protect students’ free speech on campus. The latest schools that have made policy changes as a result of the letters they received are Jacksonville State University in Alabama, St. Cloud State University in Minnesota, Kutztown University of Pennsylvania, and the College of Charleston in South Carolina."

For example, at Jax State, according to ADF, the school has "removed an unconstitutional policy that required its students to notify the school in advance before engaging in any expressive activity..."

Two other schools, Santa Rosa Junior College in California and Western Illinois University, had already changed their policies in response to the letters that had been sent out.  

ADF Senior Counsel Tyson Langhofer, who is director of the ADF Center for Academic Freedom, stated: “The colleges and universities that have made policy changes so far should be commended for their willingness to quickly conform their rules to the U.S. Constitution and applicable state laws, and they serve as an example to other schools who should likewise desire to respect the constitutionally and legally protected freedoms of their students.”