In Whitsitt v. Newsom, (ED CA, Aug. 19, 2020),a California federal magistrate judge recommended dismissing a challenge to the California governor's COVID-19 orders that limited attendance at church service. Rejecting plaintiff's free exercise challenge, the court said in part:
Here, the Stay at Home Order and the subsequent guidelines are facially neutral regarding religion. The Order directs all residents to stay home “except as needed to maintain continuity of operations” of certain business sectors.... The Order exempts “[f]aith based services that are provided through streaming or other technology.” ... Although the Order expressly mentions religious services, it does so to exempt them from its restrictions. The mention of religious services in this context—to exempt them from the Stay at Home Order—does not transform the Order into a facially discriminatory one.
