ARE CASINOS MORE ESSENTIAL THAN CHURCHES?
Key Facts
On May 28, 2020, Nevada issued Directive 021, which allows for some businesses like casinos and restaurants to open, so long as they operate at 50% of their fire code capacity. Houses of worship, on the other hand, are allowed to reopen so long as they don’t exceed 50 people total. Other indoor venues are subject to a limitation of “the lesser of 50%... [of the] fire code capacity or fifty persons.” [1]
Calvary Chapel Dayton Valley sought an injunction (a court order stopping the enforcement of the law) against this directive, claiming that it and other houses of worship were being treated unfairly.
On July 24, 2020, the Supreme Court ruled 5-4 in Calvary Chapel v. Sisolak in favor of the governor of Nevada, briefly stating, “The application for injunctive relief presented to Justice Kagan and by her referred to the Court is denied.” [2] Chief Justice Roberts joined Kagan, Breyer, Ginsburg, and Sotomayor in the majority decision. Justices Thomas, Alito, Gorsuch, and Kavanaugh authored several dissents.
Key Scriptures
Mark 12:17 “Jesus said to them, "Render to Caesar the things that are Caesar's, and to God the things that are God's." And they marveled at him.”
Hebrews 10:24-25 “And let us consider how to stir up one another to love and good works, not neglecting to meet together, as is the habit of some, but encouraging one another, and all the more as you see the Day drawing near.”
Romans 13:1 “Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God.”
1 Timothy 2:1-2 “First of all, then, I urge that supplications, prayers, intercessions, and thanksgivings be made for all people, for kings and all who are in high positions, that we may lead a peaceful and quiet life, godly and dignified in every way.”
Psalm 106:3 “Blessed are they who observe justice, who do righteousness at all times!”
Want to Know More?
ScotusBlog - Justices decline to intervene in dispute over Nevada COVID-19 restrictions
New York Times - Split 5 to 4, Supreme Court Rejects Nevada Church’s Challenge to Shutdown Restrictions
Ethics and Religious Liberty Commission - Supreme Court denies emergency appeal in Nevada religious freedom case
Application
In a 5-4 decision, the Supreme Court in Calvary Chapel v. Sisolak denied granting an injunction to churches in Nevada that were seeking to open in a manner similar to other businesses in the state.
Under Directive 021, some businesses such as casinos and restaurants are allowed to open indoors at 50% of their fire code building capacity. So, if the building capacity is one thousand, they could have five hundred people indoors. On the other hand, houses of worship are only allowed to have fifty people total, regardless of what their building capacity is. To be fair, other businesses have to abide by stricter standards (such as only allowing the lesser of either 50% of their building capacity or fifty persons) and others still remain closed entirely. Nevertheless, it is fair to say that churches are being held to a stricter standard than casinos and restaurants.
The State of Nevada argues that the different treatment is warranted based on a “relatively higher risk of COVID-19 transmission” [3] and that not all gatherings should be treated in the exact same way. Citing stricter regulations on gaming establishments and restaurants, Nevada argues that they are “dissimilar activities” when compared with houses of worship. However, it does not provide adequate justification for why churches pose this higher risk when compared with casinos and restaurants or why churches cannot abide by similar health regulations.
The Supreme Court denied hearing the case brought by Calvary Chapel, in effect allowing the law to stand as is. While the majority opinion did not offer any explanation (as is common in these types of requests), four of the conservative justices offered dissents laying out why this was a bad decision. In his dissent, Justice Alito, who is joined by Justices Thomas and Kavanaugh said this:
That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing. We have a duty to defend the Constitution, and even a public health emergency does not absolve us of that responsibility. [4]
Justice Gorsuch, in a separate dissent, similarly said,
In Nevada, it seems, it is better to be in entertainment than religion. Maybe that is nothing new. But the First Amendment prohibits such obvious discrimination against the exercise of religion. The world we inhabit today, with a pandemic upon us, poses unusual challenges. But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel. [5]
What Does the Bible Say?
The Bible doesn’t give specific instructions for how to balance the roles and responsibilities of government in the midst of a public health crisis. For the past several months, the church has been wrestling with our obligations to submit to the governing authorities (Romans 13:1-7) while at the same time not neglecting to meet together at the church body (Hebrews 10:24-25). This rests on the fact that the church and the government are separate institutions (Mark 12:17), each with their essential roles and responsibilities.
Nevertheless, as Christians living in the United States, we should ensure that the government is obeying the laws of the land and applying them fairly, as is consistent with the biblical principle of justice (Psalm 106:3, Proverbs 29:4), as well as the First Amendment and numerous Supreme Court rulings. Churches should not have to abide by stricter standards than secular institutions without adequate justification.
Conclusion
The Supreme Court erred in its judgment concerning Calvary Chapel v. Sisolak. Churches should not have to abide by a stricter set of rules for indoor gatherings than casinos and restaurants without adequate justification. The state of Nevada gave no compelling reason why churches cannot operate in a safe manner at 50% of their capacity like casinos and restaurants. As Christians, we must continue to pray and ask that God give our political leaders and all who are in authority wisdom and discernment concerning these matters (1 Timothy 2:1-2).