South Bay United Pentecostal Church, et al v. Gavin Newsom, et al.

Thomas More Society, representing South Bay United Pentecostal Church, filed a lawsuit on May 11, 2020, against California Governor Gavin Newsom and San Diego County, challenging an unconstitutional indoor worship ban during the COVID-19 pandemic. The suit sought injunctive relief to allow the church to hold services. Initially, a San Diego federal judge rejected the request, prompting an emergency appeal to the Ninth Circuit Court of Appeals on May 23, which was also denied. As California imposed a near-total indoor worship ban by December, two Ninth Circuit judges issued rulings on December 21, denying relief and contradicting U.S. Supreme Court and Ninth Circuit precedent. One ruling, against South Bay, prioritized industries like music and film production over churches.

On December 22, Thomas More Society filed an urgent motion with the Ninth Circuit to permit Christmas services, but it was denied without prejudice, leading to a full hearing on January 15, 2021. On February 5, 2021, the U.S. Supreme Court granted South Bay an emergency injunction, striking down California’s worship ban. On March 29, 2021, a federal court hearing addressed ongoing occupancy caps, denying a temporary restraining order but scheduling a preliminary injunction hearing and ordering a California health official’s deposition. On April 12, California lifted church capacity limits, and on April 23, restrictions on congregational singing were removed. On April 26, the Supreme Court vacated the Ninth Circuit’s prior erroneous judgment, securing a historic victory for South Bay.