Supreme Court Refuses Pastor Spell Case But State Court Case Is Moving Forward

By Connie Hair – Originally Posted in TheHayride, Baton Rouge

The importance of getting out to vote for Amendment No. 2 on the Oct. 14 ballot protecting churches was just kicked up a notch when the Supreme Court of the United States denied certiorari, or judicial review, of the case of Pastor Tony Spell v. [soon-to-be former] Gov. John Bel Edwards, et al.

As bill sponsor Sen. Beth Mizell said when she brought what became Amendment No. 2, “In the latest action that we went through with the pandemic, churches were the last gathering places that were allowed to open. This bill attempts to affirm a right that was put in place at our founding which is the freedom of worship.” Amendment No. 2 would protect churches, giving them top priority and protection.

In March 2020, Edwards issued a diktat from the Governor’s Mansion that limited gatherings to 50 people or less. He then shrank that number to 10. Pastor Spell refused to shut down his church and was subjected to every guise imaginable to bring state power against him to force him to close his church, including charges for violating the stay-at-home orders.

Mind you, there were businesses that were allowed to stay open that were favorable to Democrat Gov. Edwards, but he wanted the churches closed. Food, liquor, abortions, all could be had but not church, which is guaranteed in the First Amendment of the Constitution.

On May, 13, 2022, the Louisiana Supreme Court upheld Spell’s challenge to those charges, ruling that his constitutional rights had been violated. Justice William J. Crain wrote in the majority opinion, “A public health emergency does not relegate the First Amendment to a proposition or allow violations thereof to be judged on a sliding scale of constitutionality. The infringement of the fundamental right of the free exercise of religion, whether in times of crisis or calm, must always be strictly scrutinized by our courts.”

When Pastor Spell sued the long list of public officials who had, according to the Louisiana Supreme Court, violated the pastor’s civil rights, the federal courts ruled that churches were no better than a strip club, a liquor store or an abortion clinic, none of which are expressly protected in the Constitution.

Pastor Spell was expressly told by the U.S. 5th Circuit Court of Appeals that he could be awarded millions of dollars if he would agree with that notion in the case, but he refused, so the 5th Circuit decided against him. His legal team applied for relief to U.S. Supreme Court, to defend the notion that the free exercise of religion in a church is not on the same footing as a strip club or abortion clinic. SCOTUS did not have four of the nine justices desirous of reviewing the case.

Pastor Spell released the following statement in response to the denial of certiorari:

“On May 5, 2023, after being denied the highest order of protection guaranteed the Church through the First Amendment by the U.S. 5th Circuit, we filed our case in the U.S. Supreme Court. After 150 days in the court and being in conference seven days since Sept. 26, 2023, this morning on October 2, 2023, the Court declined to hear the argu

ments of our case. This is unheard of that the purest religious jurisdictional case in America’s history has been rejected by the most conservative court our nation has ever had. This is not a loss for our Church, this is a loss for our country, but still a proud day for us.

“Thank God for Chief Justice Roy Moore who called and spoke to us in the Church immediately after the first arrest. Thank God that after three and a half years (42 months and two days) from that day, Jeff Wittenbrink, Roy Moore, Woody Jenkins and a host of others have stood their ground, their feet have held their steps and have not gone backward.

“The 5th Circuit may feel they have had the last word with ‘we insisted on taking a loss,’ BUT, we know better. God always has the last word as the ‘judge of all the earth.’

“Hebrews Chapter 11 is the faith chapter of the Bible; it rehearses the stories of the many heroes of faith who obtained great victories. However, the other side of faith is represented today where it may look like a loss, but really, we obtain a better resurrection.

“Hebrews 11:35 Women received their dead raised to life again: and others were tortured, not accepting deliverance; that they might obtain a better resurrection.

“Numbers 23:9 For from the top of the rocks I see him, and from the hills I behold him: lo, the people shall dwell alone, and shall not be reckoned among the nations.

“Today, God, in His sovereignty, has decided another course of victory.”

Get out and vote for Constitutional Amendment No. 2 this week in early voting or in your absentee ballot or in person on October 14.  Make your own pronouncement about the supremacy of churches.

  — Connie Hair