Given the current ruling, how do you permit church services while prohibiting live theater and poetry readings?
It seems unarguably a content restriction. One is a 60 minute reading and commentary on Alan Ginsberg. The other is a 60 minute reading and commentary from the Bible. It isn't even clear that you could tell the difference if you have the sound turned off.
I expect this will return to bite the court in the butt within months.
a. free v charge a fee. Like I said, I free poetry reading is harder. The thrust of the New Jersey lawsuit is that NJ is discriminating in favor of religion against theatres. The decisions handed down so far make a distinction because a theater is a commercial enterprise.
b. SCOTUS didn't say you have to open indoor worship. It just said you can't treat it worse. If indoor dining is open but a theatre is not, that's probably an issue. If the same percentage limitations apply I bet you they'd say that's o.k. (indoor dining is closed so theatre can be closed....indoor dining at 25% so theatres at 25%)
c. there's a hierarchy of speech: political speech > free performance and opinion speech > commercial speech like books and films >commercial speech like advertising. SCOTUS just wanted religion treated in the top tier.
If anything I don't think it bites the court....if anything I think they'll be happy to extend similar restrictions as other businesses: so churches and political protests must be >= theatres, pole dancers and sports venues >= grocery stores, box chains and personal services.