Mark Anthony Spell, et al. v. John Bel Edwards, et al.

This is a vital case of first impression concerning our most sacred rights of religious freedom and the very nature of the Church and State as separate and distinct institutions. Petitioner Tony Spell, pastor of Petitioner Life Tabernacle Church, was arrested, charged with 6 violations of wrongful church assembly with possible imprisonment of up to 3 years, confined to his home in an ankle bracelet, ordered not to preach to an assembly of more than 10 people (including himself), threatened with contempt of court if he continued preaching, and his home and church were put on video surveillance when he did not comply with Louisiana Governor John Bel Edwards’ orders restricting church assembly. In the decision below, the Fifth Circuit held that these State restrictions did not violate Petitioners Pastor Spell and Life Tabernacle Church’s clearly established rights under the Religion Clauses of the First Amendment. The court implied Pastor Spell and the Church would have won their case if they had argued under Lukumi that the restrictions on church assembly were disparate treatment compared to restrictions on secular assemblies. But, because Pastor Spell argued that the Governor had no right to limit church assembly whatsoever under the Founders’ understanding as articulated in Everson, the court found that he chose to lose. The questions presented are: 1. Whether bringing an Establishment Clause claim in conjunction with an inextricably intertwined Free Exercise Clause claim negates