This new suit by theater owners mirrors a similar claim rejected by the 7th circuit & Supreme Corut a few days ago in Illinois Republican Party v. Pritzker, in which the plaintiffs argued if church services are allowed, political rallies should be too.
https://twitter.com/prof_goldberg/status/1280892910146170881
In the words of the 7th circuit: "the adoption of an exception that recognizes the constitutional status of the
right to free exercise of religion does not automatically run afoul of [#1A limits on content-based restrictions on speech]."
right to free exercise of religion does not automatically run afoul of [#1A limits on content-based restrictions on speech]."
The Supreme Court, in a petition that went to Kavanaugh, declined to weigh in on the case. chicago.suntimes.com/columnists/202…
Or, to put it another way, the theater owners' case (they're alleging freedom of artistic/cultural expression which certainly isn't entitled to *more* protection than political expression) is unlikely to fare well in the courts.
States wishing to provide exemptions to gathering bans, etc. for religious worship are probably on firm constitutional footing in doing so.
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