Father Trevor Burfitt v. Gavin Newsom, et al.

Thomas More Society Special Counsel, Christopher Ferrara, working with the firm of Limandri and Jonna, obtained a state court injunction under the California Constitution against all occupancy restrictions on houses of worship under California Governor Gavin Newsom’s COVID-19 restrictions, which had completely shut down churches while allowing numerous businesses to operate at 50%-100% capacity.

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On December 10, 2020, Special Counsel Ferrara argued the case before Judge Gregory Pulskamp in Kern County Superior Court on behalf of Father Trevor Burfitt, a Catholic priest with five churches in four California counties.  

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As Judge Pulskamp concluded in his ruling in favor of Father Burfitt on the same date, quoting the Supreme Court’s decision in Roman Catholic Diocese of Brooklyn v. Cuomo: “Defendants have not shown that adding religious organizations to the long list of entities that are permitted indoor operations would negatively impact public health, assuming the same healthcare precautions were implemented.  ‘But even in a pandemic, the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment's guarantee of religious liberty.”

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The State of California and San Diego County have appealed Judge Pulskamp’s groundbreaking decision and injunction, with the Fifth Circuit Court of Appeal granting a temporary stay until preliminary arguments can be heard as to whether the injunction should be stayed on appeal.

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Meanwhile, the Supreme Court has already at least partially vindicated Judge Pulskamp’s decision by striking down, just as he did, California’s total ban on indoor worship and further declaring that the State must afford churches the same indoor capacity as retail establishments.