Pastor Jim Franklin of Cornerstone Church stands in front of the church in this Sept. 1 photo. Photo by Edward Smith

Churches in California are celebrating a victory after a settlement between the state and two Valley churches establishes that no additional burdens can hinder operations for places of worship than are placed on businesses.

Specifically, the lawsuit was filed in response to lockdown orders issued by the state early in the pandemic.

Defendants in the lawsuit agreed to pay $400,000 in attorney fees to Cornerstone Church of Fresno and Cross Culture Christian Center in Lodi. A permanent injunction was also reached on behalf of churches in California as part of the settlement. Gov. Gavin Newsom and Attorney General Rob Bonta were among those named in the lawsuits, as well as officials with Fresno and San Joaquin counties.

“It really vindicates churches who fought for their rights to be treated at least as equally as Walmart, Costco or Home Depot,” said Dean Broyles, president and chief counsel of the National Center for Law and Policy, who represented the plaintiffs.

The settlement comes after a preliminary injunction sought by the plaintiffs was denied by U.S. Federal District Court Judge John Mendez. The case was on its way to the U.S. Court of Appeals for the Ninth Circuit when the settlement terms were given to attorneys.

Cross Culture Christian Center originally filed suit when the property owners of their space canceled their lease following statewide lockdowns, said Broyles.

Cornerstone Church — which has defied orders to remain closed — was then added to the lawsuit.

“We believe Church is essential. We saw a rise in suicide, domestic violence. We truly believe churches provide the services for that,” said Jim Franklin, pastor of Cornerstone Church.

The lawsuit was originally filed in April 2020.

In addition to attorney’s fees, Cross Culture Christian Center was awarded $100,000 in damages from San Joaquin County because they have not been able to meet. For Cornerstone Church, the suit was about having the right to be open, said Franklin.

Franklin said while they have had church members who have tested positive for Covid, no member has traced their infection back to a church service.

Franklin attributed that to measures taken to prevent infection. In March, the church announced they had implemented a dry hydrogen peroxide filter to combat airborne pathogens.

Broyles said the settlement could also extend to churches who were fined based on rules harsher than those faced by businesses.

Santa Clara County fined Calvary Chapel of San Jose $3.5 million. Broyles said the Eighth Amendment banning cruel and unusual punishment could also apply in these circumstances.

“Ultimately, the Supreme Court will rule in favor of churches who were treated harsher than businesses,” said Broyles, who also respresents Cavalry Chapel.

This settlement adds to other decisions protecting free exercise of the First Amendment, including Harvest Rock v. Newsom and South Bay Pentecostal Church v. Newsom. Broyles said that until November 2020, churches had been losing their battles in court. the change came with the U.S. Supreme Court’s ruling in Tandon v. Newsom.