Barely a week has passed since religious conservatives on the Atlantic Coast were celebrating their victory in the North Carolina District Court, overturning the Governors Executive Order�s ban on religious gatherings, calling it a violating of the free exercise clause of the 1st Amendment. Within hours of that ruling, the 9th Circuit Court met to decide whether a San Diego District Judges denial of an almost identical request for a TRO in California should be reconsidered.

By a two to one margin, the panel upheld the District Judges denial for a TRO and let stand Governor Newsome�s order that banned gatherings for religious services by large numbers that violate social distancing rules. The Church has appealed to the Supreme Court, which sets up an interesting set of potential circumstances.

To understand the potential arguments, we have to go back in time, first to 1949, when a Catholic Priest gave a speech to some eight hundred members of the Christians Veterans of America. Another sixteen-hundred people were also there, and they did not like what he was saying. This led to what many described as a riot, and led to a fierce discussion of what exactly is free speech and � more importantly � a full-on debate about the limits on the 1st Amendments protections.

Then we move to Hialeah, FL in 1993. There, the City Council heard testimony from various officials, including the Police Department Chaplain, calling a specific religious belief �offensive� and �un-American.� They then passed a city ordinance essentially banning the religious practice, which was subsequently upheld by the State Courts and the US District Courts. The Supreme Court, on the other hand, saw things differently.

And it was here that the 9th Circuit Panel looked when they considered whether or not to hear the appeal from South Bay United Pentecostal Church vs Gavin Newsome. All of this leaves us with more questions than answers�