In a second dissent, Justice Neil M. Gorsuch mentioned the case was easy.
“The world we inhabit today, with a pandemic upon us, poses unusual challenges,” he wrote. “But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel.”
In his personal dissent, Justice Brett M. Kavanaugh agreed that the case was easy.
“Nevada’s 50-person attendance cap on religious worship services puts praying at churches, synagogues, temples and mosques on worse footing than eating at restaurants, drinking at bars, gambling at casinos or biking at gyms,” he wrote. “In other words, Nevada is discriminating against religion.”
In addition to the chief justice, the justices within the majority had been Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.
The church, which mentioned it sought to conduct companies with 90 individuals current — with acceptable social distancing — included of a big, carefully packed and unmasked crowd in Las Vegas in its Supreme Court transient. It mentioned that discriminating towards church buildings violated the First Amendment.
“This is a straightforward case,” attorneys for the church wrote. “If the governor deems it acceptable for secular assemblies to occur at 50 percent capacity at casinos, restaurants, bars, gyms and fitness facilities, indoor and outdoor theme parks, bowling alleys, water parks, pools, arcades and more, he must apply the same 50 percent capacity rule to constitutionally protected worship services.”
In response, state officers wrote that comparable mass gatherings — which they mentioned included these at concert events, film theaters, museums and commerce colleges — had been handled “the identical as or worse than homes of worship.”
“Public attendance is prohibited for all musical performances, live entertainment, concerts, competitions, sporting events and any events with live performances,” the transient by state officers mentioned.