The 3 - November 15, 2020

In this week's edition of The 3, there is a development on COVID restrictions being unevenly applied to churches - a lawsuit contends that New York's governor is putting rules into place that restrict worship, but not other similar types of gatherings.  Also, a U.S. Supreme Court justice has spoken out regarding the threat of state coronavirus orders that threaten religious liberty.  And, Nevada voters have decided to change the definition of marriage in its state constitution to include so-called "gay marriage."

Lawsuit filed against NY governor for COVID-19 restrictions on churches

With increased COVID numbers across the country, states that have been under stringent lockdown may continue or intensify their regulations, and states previously under intense lockdown, such as New York, may be expected to introduce or renew COVID restrictions.

The Daily Citizen website of Focus on the Family reports on the efforts of a Catholic diocese in New York to halt Governor Cuomo's attempts to clamp down on church attendance in a more severe manner than other gatherings.  The site reports:

The Diocese argues that Gov. Cuomo “expressly singles out ‘houses of worship’ by that name for adverse treatment relative to secular businesses, and does so in a way that is not narrowly tailored to any compelling government interest, in direct violation of the First Amendment’s Free Exercise Clause.”

After being rejected in Federal district court and on the appeals court level, the Diocese is now taking its case to the U.S. Supreme Court. The article says:

The petition adds that Governor Cuomo’s order imposes no capacity limits on businesses that are “essential,” like supermarkets, pet stores, hardware stores and brokers’ offices, “even in the most restrictive ‘red’ zones.” Additionally, in the orange zones, even many nonessential businesses, like department stores, can stay open without in-person limits. Churches on the other hand, cannot.

Supreme Court justice warns against violations of religious liberty in COVID regulations

Speaking of COVID and the Court, one of the U.S. Supreme Court justices, Samuel Alito, has made some comments that have gained quite a bit of attention in Christian media. Liberty Counsel, on its website, reported on comments that Justice Alito made at the National Convention of the Federalist Society, where he said: "The pandemic has resulted in previously unimaginable restrictions on personal liberty. We have never before seen restrictions as severe, extensive and prolonged as those experienced for most of 2020. Whatever one may think about COVID restrictions, we surely don’t want them to become a recurring feature after the pandemic has passed,” and he added, “tolerance for opposing views is now in short supply...In certain quarters, religious liberty has fast become a disfavored right. For many today, religious liberty is not a cherished freedom. It’s often just an excuse for bigotry and it can’t be tolerated even when there’s no evidence that anybody has been harmed.”

The justice made reference to two cases on which the high court ruled earlier this year - he was in the minority on both of them. Liberty Counsel says that in these instances, "...the High Court sided with states while claiming the Coronavirus as the reason for restrictions on the size of religious gatherings." These were two 5-4 rulings in which the court upheld coronavirus restrictions by California and Nevada, ruling against churches in those states that had filed Federal lawsuits. 

Nevada voters affirm gay "marriage"

Nevada voters, when they went to the polls on November 3, approved a constitutional amendment that, as Baptist Press states, "institutionalizes in the state’s constitution a right to same-sex marriage regardless of the U.S. Supreme Court decision Obergefell v. Hodges, a 5-4 ruling in 2015 that states must recognize marriages between people of the same sex."  Previously, the state had passed an amendment that would forbid so-called "same-sex marriage in the state."

Nevada Baptist Convention Executive Director Kevin White was critical of the amendment, but did express appreciation that there was an attempt to protect clergy who decline to perform a gay marriage ceremony from facing lawsuits.  White said, “We of course strongly support the biblical description of marriage (between one man and one woman),” adding, “We did appreciate the protections that they were putting for pastors who would refuse to conduct same-sex marriage; but at the same time, we’re deeply concerned that these protections could easily be removed and place biblical pastors in legal battles that could destroy churches financially." White added that the change "...saddens my heart greatly as we move so far away from God and His designed plan for our lives.”