ELKHORN BAPTIST CHURCH v. BROWN

Nos. (CC 20CV17482) (SC S067736).

466 P.3d 30 (2020)

366 Or. 506

ELKHORN BAPTIST CHURCH, an Oregon nonprofit corporation; Calvary Chapel Newberg, an Oregon nonprofit corporation; Calvary Chapel Lincoln City, an Oregon nonprofit corporation; Calvary Chapel Southeast Portland, an Oregon nonprofit corporation; New Horizon Christian Fellowship, an Oregon nonprofit corporation; Camas Valley Christian Fellowship, an Oregon nonprofit corporation; Peoples Church, an Oregon nonprofit corporation; Prepare The Way, an Oregon nonprofit corporation; Bend Community Church, an Oregon nonprofit corporation; Covenant Grace Church, an Oregon nonprofit corporation; Jedidiah McCampbell, an individual; Ronald Ochs, an individual; Brian Nicholson, an individual; James B. Thwing, an individual; Mark Russell, an individual; Phil Magnan, an individual; Ronald W. Rust, an individual; Travis Hunt, an individual; Mason Goodknight, an individual; Mark Mayberry, an individual; Lori Mayberry, an individual; Benjamin Steers, an individual; Michael Carroll, an individual; Kevin J. Smith, an individual; Polly Johnson, an individual; Benjamin Boyd, an individual; Annette Lathrop, an individual; Andrew S. Atansoff, an individual; Sherry L. Atansoff, an individual; Micah Agnew, an individual; and Angela Eckhardt, an individual, Plaintiffs-Adverse Parties, and Red Rock Cowboy Church, an Oregon nonprofit corporation, et al., Plaintiffs, and Bill Harvey, Sam Palmer, Glenn Palmer, Jerry Shaw, Matthew R. Cunningham, Donald A. Jay, Jacoe A. Brown, Samuel N. Brown, Virginia Stegemiller, B. David Hurley, and Douglas W. Hills, Intervenors-Adverse Parties, v. Katherine BROWN, Governor of the State of Oregon, and Does 1 through 50, Defendants-Relators.

Supreme Court of Oregon.

June 12, 2020.


Attorney(s) appearing for the Case

Ray D. Hacke , Pacific Justice Institute, Salem, filed the brief for plaintiffs-adverse parties.

Kevin L. Mannix , Salem, filed the brief for intervenors-adverse parties.

Benjamin Gutman , Solicitor General, Salem, filed the brief for defendants-relators. Also on the brief was Ellen F. Rosenblum , Attorney General.

Aruna A Masih , Bennett Hartman, Attorneys at Law, LLP, Portland, filed the brief on behalf of amicus curiae Oregon Nurses Association. Also on the brief was Thomas K. Doyle , General Counsel, Oregon Nurses Association, Tualatin.

Luke D. Miller , Military Disability Lawyer, LLC, Salem, filed the brief on behalf of amicus curiae New Civil Liberties Alliance.

Paul Janzen , Janzen Legal Services, LLC, Beaverton, filed the brief on behalf of amicus curiae Kelly Barnett.

Before Balmer, Nakamoto, Flynn, Duncan, Nelson, and Garrett, Justices.


This case comes to this court during a pandemic. As we all know, a novel coronavirus was first detected in late 2019, and it has spread rapidly across the globe, killing hundreds of thousands of people. Even more people have fallen ill, and healthcare systems in cities around the world have been overwhelmed, including in the United States....

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