Over 20 States and Legal Organizations Rally Behind the ACLJ To Defeat Newsom's War on the Church at the U.S. Supreme Court

Today marks a momentous development in the ACLJ’s battle to defend Calvary Chapel San Jose against California’s unconstitutional COVID-era fines. A number of powerful amicus briefs have been filed – including a powerful one filed by 20 states – at the United States Supreme Court in support of the ACLJ, our client Pastor Mike McClure, and his congregation, representing a broad coalition of states, legal organizations, and religious freedom advocates.

As we previously reported, the ACLJ filed a petition for writ of certiorari on December 12, 2025, asking the Supreme Court to review our case Calvary Chapel San Jose v. California. We represent Calvary Chapel San Jose and Pastor Mike McClure in this critical fight for religious freedom. At stake is whether the government can impose over $1.2 million in fines on our client – a church we are defending – for refusing to require congregants to wear face masks during worship services, while simultaneously exempting professional athletes, restaurant patrons, salon customers, and countless other secular activities from the same requirements.

The Supreme Court is requiring that California and Santa Clara County respond to the ACLJ’s petition by February 17. After reviewing the ACLJ’s petition, the response, and these powerful amicus briefs supporting us, the Court will decide whether to grant certiorari and hear the case.

The response to the ACLJ’s petition has been overwhelming. Multiple organizations have now submitted friend-of-the-court briefs urging the Supreme Court to take our case and protect the fundamental right to worship freely. Join us and take action: Defeat Newsom’s War on the Church at the Supreme Court.

The most significant brief comes from an unprecedented coalition of 20 states standing with the ACLJ and our client, led by West Virginia Attorney General John B. McCuskey. This powerful amicus brief supporting the ACLJ’s petition pulls no punches in defending religious liberty and condemning California’s discriminatory treatment of houses of worship.

The states joining this historic brief are West Virginia, Alabama, Florida, Iowa, Louisiana, Missouri, Nebraska, Ohio, Alaska, Georgia, Kansas, Mississippi, Montana, North Dakota, Oklahoma, South Carolina, Tennessee, Utah, South Dakota, and Texas.

These state attorneys general remind the Court of a fundamental truth: “Religious freedom drove the Nation’s founding.” The brief powerfully argues that free exercise of religion is not just another constitutional right – it is the very first one enumerated in the Bill of Rights, reflecting its paramount importance to our system of ordered liberty.

California’s Exemptions Exposed

The 20-state brief methodically dismantles California’s claim that its COVID restrictions were “generally applicable.” The states point out the glaring favoritism shown to secular activities. California’s regulations were riddled with exceptions – for sports, dining, personal care services, even prison activities – but religious worship received no such accommodation. The 20 states urge the Supreme Court to use this case to overrule the controversial 1990 decision Employment Division v. Smith. That case dramatically weakened Free Exercise protections by allowing governments to burden religious practice through “generally applicable” laws.

If Smith is overruled, the states argue for returning to the pre-Smith framework: Any law substantially burdening religious exercise must satisfy strict scrutiny. This means the government must prove the law serves a compelling interest and is narrowly tailored to achieve that interest. California’s COVID restrictions would fail this test. The exemptions for secular activities prove the restrictions weren’t narrowly tailored.

A Chorus of Support: Additional Amicus Briefs Filed in Support of the ACLJ’s Case

The 20-state brief is joined by other powerful organizations that filed amicus briefs supporting the ACLJ and our client, Calvary Chapel San Jose, including the Liberty Justice Center, Pacific Justice Institute, National Religious Broadcasters, Alliance Defending Freedom, the Robertson Center for Constitutional Law, and Advancing American Freedom.

What This Means for the ACLJ’s Fight for Religious Liberty

This unprecedented coalition of supporters sends a powerful message to the Supreme Court: Religious freedom is under assault, and Americans are demanding protection. These briefs validate the arguments the ACLJ has been making on behalf of Calvary Chapel San Jose. As these amicus briefs make clear, government dictation of the rules for religious rituals is the hallmark of totalitarian governments, not the United States of America.

The overwhelming support demonstrated by today’s amicus filings shows that Americans recognize what’s at stake in the ACLJ’s fight for religious liberty. A powerful coalition has united behind the ACLJ’s defense of Calvary Chapel’s right to worship freely. The filing of these amicus briefs is a major victory for the ACLJ and our clients – demonstrating the breadth and depth of support for the arguments we’ve presented. But the fight continues. We need the Supreme Court to take our case and restore constitutional protections that have been eroded.

Please pray as the response deadline of February 17 approaches, after which the Court will decide whether to hear the case. Take action with us and add your name to the petition: Defeat Newsom’s War on the Church at the Supreme Court.