VICTOR JOECKS: Churches, DOJ push back on Sisolak’s discriminatory ban on worship services
Gov. Steve Sisolak’s lockdown orders have been unconstitutionally discriminatory against places of worship. It’s good to see churches and even the Department of Justice fighting back.
Last week, two churches filed separate lawsuits against Sisolak’s continued limits on in-person religious services. They contend that Sisolak is treating religious services less favorably than comparable secular activities.
That’s obviously true.
As of May 9, restaurants, retail stores and automobile showrooms were allowed to open at 50 percent capacity. Groups of people may gather at those locations for more than an hour. In the governor’s new Phase Two directive, however, churches may gather only in groups of 50 or less.
It’s not just religious groups raising objections. On Friday, President Donald Trump called places of worship “essential.” If governors didn’t open up churches, Trump said he would “override” them. The override threat was bluster. On Monday, Nicholas Trutanich, the U.S. attorney for the District of Nevada, and Assistant Attorney General Eric Dreiband weighed in with a more nuanced and legally tenable position.
“To protect constitutional values, we urge you to help preserve the Free Exercise Clause of the First Amendment by amending earlier Emergency Directives and remedying their unequal treatment of places of worship,” they wrote to Sisolak in a not-so-subtle warning letter. If the opportunity arises, Trutanich and the DOJ shouldn’t stop with a letter.
Back when Nevada didn’t have the highest unemployment rate in the country, Sisolak agreed with Trump and the DOJ. “I cannot and will not say that places of worship should be closed,” he said on March 17. Less than a month later, he banned in-person worship services without explaining his flip-flop.
While Sisolak kept churches, synagogues and mosques shut down, he made sure abortionists could kill preborn babies throughout the lockdown. However bad the pandemic got, he wouldn’t deny the church of leftism access to its highest sacrament.
Sisolak also allowed construction at Allegiant Stadium and Resorts World to continue, despite workers testing positive for coronavirus. He insisted that the safety measures put in place at the sites provided enough mitigation.
It is discriminatory to trust construction workers to practice social distancing, but not churchgoers.
One of the churches suing Sisolak is Calvary Chapel Dayton Valley. When they resume services, they’re going to cut their seating capacity and service times in half. They’re going to prohibit handouts and serving snacks. They’re even going to use a one-way traffic flow to get people in and out of the sanctuary.
Earlier this month, almost 200 pastors signed a letter calling on Sisolak to allow them to meet.
In it, they committed to incorporating “the relevant safety requirements” Sisolak has placed on “businesses where gathering of more than 10 people are permitted.”
Even if Sisolak’s ban on larger church gatherings isn’t rooted in animus, it’s unconstitutionally discriminatory. If he refuses to reverse course, a court needs to defend Nevadans’ First Amendment rights.
Contact Victor Joecks at vjoecks@reviewjournal.com or 702-383-4698. Follow @victorjoecks on Twitter.