MacArthur Prevails – California Court Says Church and Pastor Entitled to Trial

grace community church, john macarthur
(Photo: Harbingers Daily)

As the legal battle for Religious Freedom continues, John MacArthur and Grace Community Church have prevailed again before California courts. Judge Mitchell L. Beckloff agreed MacArthur and the Church are entitled to a full trial on the merits of their challenge to the constitutionality of Gavin Newsom’s shut-down orders and the preliminary injunction.

The Los Angelas Superior Court issued the preliminary injunction on September 10th against MacArthur and Grace Community Church, banning them from “conducting, participating in, or attending any indoor worship services.”

The Thomas More Society, who represents the Church, maintained that the court’s ruling “fails to apply the appropriate constitutional standard of review.”

“Church is essential, and no government agent has the runaway, unlimited power to force churches to close indefinitely. The County’s argument was basically ‘because we can,’ which is the very definition of tyranny,” Jenna Ellis said in response to the September 10th ruling. “Without limiting government’s power in favor of freedom and protected rights, we have no liberty. We will fight for religious freedom, as our founders did when they wrote the First Amendment.”

This ruling, however, did not stop the Pastor and Church from continuing to assemble for in-person worship, with Macarthur reiterating on the Ingram angle that the Church does not live to navigate politicians whims but to share the Gospel:

The Church preaches the Gospel of Jesus Christ, that Jesus died and rose again and is the only source of eternal salvation. The Church doesn’t exist to make sure it navigates around politicians whims,” he said. “The Church exists in the world to preach the saving gospel of Christ. We’re not concerned about the flu; we’re concerned about eternity, eternal life, salvation. And the more dire circumstances become in the world around us, the more critical, the more essential the Church becomes…”

LA County then sought to have MacArthur and the Church held in contempt of court, which the Thomas More Society today argued that “a final determination on the constitutionality of the orders must occur before the county could seek contempt against MacArthur for merely holding church.”

“This is significant because no person can or should be held in contempt of a constitutionally invalid order,” stated special Council Jenns Ellis. “Los Angeles County continues to presume that its order is valid, with utter disregard for First Amendment protections. It’s tyranny to even suggest that a government action cannot be challenged and must be obeyed without question. This case goes to the heart of what our founders designed for the purpose of legitimate government—not to be above the rule of law. Pastor MacArthur is simply holding Church, which is clearly his constitutionally protected right in this country.”

Judge Mitchell L. Beckloff indicated he was in agreement that there are serious constitutional issues that have not been fully tried in the courts. Judge Beckloff has ruled to uphold Grace Community Church’s religious freedom against the county of Los Angelas on multiple occasions, finding there is “No Court Order Prohibiting Indoor Worship.”

According to a press release from the Thomas More Society, the Judge, “reiterated that his prior ruling on the preliminary injunction was not a decision on the merits regarding the constitutionality of those orders. Because a contempt hearing is a quasi-criminal proceeding, Beckloff agreed that MacArthur and Grace Community Church are entitled to constitutional protections at any such trial.”

The contempt trial is not expected to occur until early next year due to COVID-19 shut down orders. Still, there is a scheduled hearing on November 13th with Judge Beckloff to “consider the scope of the challenge to the validity of the preliminary injunction order for purposes of the contempt trial.”

In response to today’s ruling, Pastor John MacArthur praised the Judge’s decision to recognize the importance of constitutional protections:

“We are holding Church. The Lord Jesus requires us to meet together, and we will continue to do that because we are commanded to and because it is our right. I’m very grateful to Judge Beckloff for providing full due process and recognizing the importance of these constitutional protections. The reality is that the county cannot show that their order is even rational, much less necessary. They have also applied their orders arbitrarily and discriminatorily against churches, and we enjoy a heightened protection in America to hold Church. I’ll continue to stand firm, and we will continue to fight to protect religious freedom for the Church.”


Read the Full Press Release Below:


(September 24, 2020 – Sun Valley, California) Attorneys for Pastor John MacArthur and Grace Community Church prevailed in yet another hearing today in Los Angeles Superior Court, arguing that MacArthur and the Church are entitled to a full trial on the merits of their challenge to the constitutionality of the government shut-down orders and the preliminary injunction. Los Angeles County has sought to shut down the church and hold MacArthur in contempt, but Thomas More Society attorneys argued that a final determination on the constitutionality of the orders must occur before the county could seek contempt against MacArthur for merely holding church.

Judge Mitchell L. Beckloff indicated that he agreed there are serious constitutional concerns that have not been fully tried, and he reiterated that his prior ruling on the preliminary injunction was not a decision on the merits regarding the constitutionality of those orders. Because a contempt hearing is a quasi-criminal proceeding, Beckloff agreed that MacArthur and Grace Community Church are entitled to constitutional protections at any such trial.

Thomas More Society Special Counsel Jenna Ellis explained, “This is significant because no person can or should be held in contempt of a constitutionally invalid order. Los Angeles County continues to presume that its order is valid, with utter disregard for First Amendment protections. It’s tyranny to even suggest that a government action cannot be challenged and must be obeyed without question. This case goes to the heart of what our founders designed for the purpose of legitimate government—not to be above the rule of law. Pastor MacArthur is simply holding church, which is clearly his constitutionally protected right in this country.”

Thomas More Society Special Counsel Charles LiMandri stated, “This ruling prevents Los Angeles County’s attempted rush to judgment in its continued prosecution of Pastor John MacArthur and Grace Community Church for courageously exercising their First Amendment rights. We are pleased that Judge Beckloff indicated he agreed with the major points that we made on behalf of Pastor MacArthur and Grace Community Church and we are very gratified that the judge’s ruling today reflects that he appreciates the importance of the constitutionally protected rights at issue in this case.”

MacArthur declared, “We are holding church. The Lord Jesus requires us to meet together and we will continue to do that because we are commanded to and because it is our right. I’m very grateful to Judge Beckloff for providing full due process and recognizing the importance of these constitutional protections. The reality is that the county cannot show that their order is even rational, much less necessary. They have also applied their orders arbitrarily and discriminatorily against churches and we enjoy a heightened protection in America to hold church. I’ll continue to stand firm and we will continue to fight to protect religious freedom for the church.”

In his September 20, 2020, sermon, MacArthur described the scriptural definition of true church and why church is essential.

Because of California’s shut-down orders, the contempt trial is not expected to take place until early next year. The court scheduled a hearing before Beckloff on November 13, 2020, to consider the scope of the challenge to the validity of the preliminary injunction order for purposes of the contempt trial, which Thomas More Society attorneys will continue to argue should trail a full trial on the merits.