EDITORIAL: Nevada’s church restrictions likely don’t pass muster

An increasing number of federal and state courts have grown skeptical of allowing governors to exercise unlimited emergency power during the coronavirus pandemic. And now, in a case that has ramifications for Nevada and Gov. Steve Sisolak, the U.S. Supreme Court has joined them.

On Wednesday, the nation’s highest court blocked New York from imposing strict attendance limits on religious gatherings as a means of controlling the spread of COVID-19. The majority in the 5-4 ruling included all three Trump- appointed justices. As Gov. Sisolak has done, New York Gov. Andrew Cuomo issued orders that subjected churches to more stringent requirements than other businesses.

“Members of this court are not public health experts, and we should respect the judgment of those with special expertise and responsibility,” the majority opinion noted. But the fact that houses of worship were treated differently than some other businesses and entities “strikes at the very heart of the First Amendment’s guarantee of religious liberty.”

The ruling indicates that Nevada’s virus restrictions on church gatherings may also be vulnerable to a legal challenge. The latest restrictions issued by Gov. Sisolak mandate that gatherings — including religious services — be limited to either 50 people or 25 percent of a building’s fire code capacity, whichever is smaller. At the same time, the governor is allowing most other businesses to remain open at 50 percent or 25 percent capacity but absent the 50-person cap.

Gov. Sisolak’s previous edicts regarding religious establishments survived a constitutional challenge over the summer, but the composition of the court has now changed with addition of Justice Amy Coney Barrett. This has led to renewed efforts to overturn government mandates that religious advocates argue single out churches for disparate treatment.

“I think it’s very important that we get these rulings now,” Matt Staver, founder of the Liberty Counsel, told The Wall Street Journal last week. “Two weeks has now moved into nearly eight months, and there doesn’t seem to be an end in sight in many of these states that have the most restrictions.”

A special counsel for the Christopher Ferrara society, which is involved in lawsuits targeting church restrictions, told the Journal that the Supreme Court ruling will be a boost to pending litigation in dozens of states, including Nevada. “It will undoubtedly have a major effect,” he said, “and probably have a decisive effect.”

Gov. Sisolak’s latest order is set to expire in three weeks, likely before any challenge wends its way through the courts. But the governor should heed the high court’s clear message: Nevada is on shaky legal ground with coronavirus restrictions that treat churches more harshly than other entities.