Episode 179, The Legal Battle That Reopened the Churches with Jeffrey Trissell

Jeffrey Trissell, Esq., was among the courageous “front line” attorneys engaged in the historic legal battles during the COVID-19 crisis of 2020 to 2021. 

He played a central role in challenging the unprecedented lockdown of churches, standing against California Governor Gavin Newsom’s orders that shuttered houses of worship. Through the perseverance of his team, their efforts brought about the only two victories in California’s lower courts, three appeals to the U.S. Supreme Court in a single year, and ultimately, a permanent injunction against Governor Newsom and the State of California. Mr. Trissell serves with the Thomas More Society, a national pro bono public-interest law firm dedicated to defending life, family and religious liberty. 

Drawing inspiration from St. Thomas More, the patron saint of lawyers and a model of fidelity in the face of tyranny, Mr. Trissell exhorts believers never to remain silent when their faith and freedoms are under attack. He reminds us of the timeless truth, “A faith worth dying for is a faith worth living for.” 

In this episode, we discuss his book, “Unlocking the Churches: The Legal Victory Against California’s Pandemic-Era Religious Discrimination.” The book is available through Sophia Institute Press and Amazon.

A double standard

Mr. Trissell emphasizes that religious freedom and the right to life must remain at the very heart of America’s constitutional order. Yet, during the pandemic, both were severely undermined. On March 4, 2020, Governor Newsom declared a state of emergency. By March 19, through executive order N-33-20, he shut down the entire state, granting himself authority to determine what was “essential” and what was not. 

While in late April, he promised to reopen sectors of society, he notably excluded churches. Businesses such as tattoo parlors, marijuana dispensaries, and bars were labeled “essential,” while public worship was deemed “nonessential.” Singing was permitted in the entertainment industry, but hymns were banned in church. To make matters worse, Governor Newsom was later exposed for violating his own rules, dining with lobbyists at an elite Napa Valley restaurant.

This troubling double standard was not limited to California. In New Hampshire, Governor Sununu prohibited gatherings of more than fifty people; courts quickly dismissed challenges to his order. In Louisville, Kentucky, Mayor Greg Fischer even banned drive-in Easter services, threatening police enforcement—until a federal judge struck down his decree.

Different practices across the country

Mr. Trissell notes that while the U.S. Supreme Court has historically recognized that the Bill of Rights is most vital during times of national crisis, it has also faltered. During World War II, the Court infamously upheld the internment of Japanese Americans. Similarly, in May 2020, Chief Justice Roberts denied South Bay United Pentecostal Church’s request for emergency protection of its First Amendment rights. That ruling triggered a wave of arbitrary, non-scientific decisions across the country.

Meanwhile, some states like Florida kept schools open, while others like Illinois and California prolonged harsh restrictions, despite mounting evidence that lockdowns were not scientifically justified. Studies soon confirmed that many individuals had natural immunity from asymptomatic infection. Additionally, deaths were frequently overcounted as “COVID-related” even when the virus was not the primary cause, such as cases when someone died of a stroke but tested positive for COVID-19. These missteps contributed to a widespread erosion of trust in government leaders and their handling of the pandemic.

Mr. Trissell’s book provides a thorough and well-documented account of these pivotal legal battles. As Catholic author and editor Joseph Pearce has written, “This groundbreaking book, written by a member of the courageous and indomitable legal team that took down California’s lockdown fanatics, is a must-read for all lovers of liberty.”