Calvary Chapel San Jose Petitions U.S. Supreme Court

California Gov. Still Demands $1.2M in Fines Six Years After Lockdown

Photos by Francis Faurot

Pastor Mike McClure of Calvary Chapel San Jose continues his ongoing struggle for religious freedom in the face of government overreach in California, urging other churches to take a stand for the Gospel. “The Church is under attack in America by its own government. Our existential threat is not just from Islam but [churches] turning from the truth of God’s Word,” Pastor Mike said. “Calvary Chapel is one of the last churches to hold to the Word of God, yet we are seeing those turning away in our own camp. We need a great awakening. May we take heed in these last days!”

“Take heed to yourself and to the doctrine. Continue in them, for in doing this you will save both yourself and those who hear you.” 1 Timothy 4:16

Conference attendees lift Pastor Mike McClure and his wife, Brenda, of Calvary Chapel San Jose, CA, in heartfelt prayer. The couple has endured intense legal battles for reopening their church during the COVID-19 shutdowns—seeking to minister to those in despair while many faced isolation. The county still demands $1.2 million in fines, even though casinos and strip clubs were allowed to operate at the time.

Appeal for Freedom

Known as the most persecuted church in America, Calvary Chapel San Jose will once again appeal to the U.S. Supreme Court for relief from unconstitutional fines, harassment, and unscrupulous practices from Santa Clara County, CA, during the COVID lockdowns—church restrictions which were already overturned by the Supreme Court in 2021. At one point, Calvary faced nearly $3.8 million in fines, but several courts have since ruled in their favor to dismiss fines. Nearly six years later, despite those victories and multiple rulings by the U.S. Supreme Court, the state still seeks to collect $1.2 million from Calvary. 

The church sought to have the fines dropped this year, taking their case to the California Supreme Court in June. Now, two major legal entities that defend religious freedom in the U.S.—the ACLJ and the Advocates for Faith & Freedom (AFF)—will join forces to file a petition with the U.S. Supreme Court on behalf of Calvary Chapel. The petition for certiorari is a formal request for the Supreme Court to review a lower court's decision, arguing that the lower court made an important legal error.

Ongoing Harassment

Nearly six years ago, amidst the flurry and panic of the COVID-19 epidemic, California Gov. Gavin Newsom ordered all churches to close their doors. And they all did. But as Senior Pastor Mike McClure of the Calvary in San Jose, CA, sought the Lord, he sensed that God was calling their church to be a place of refuge, worship, and comfort during the pandemic. He knew God was calling him to open the doors of His house and never shut them again.

Calvary Chapel San Jose invited people to come and self-distance or wear masks if they chose. People traveled from miles around, desperate for hope and hungry for the Word of God. The congregation quadrupled to about 3,000 souls. “Every week we had many people coming to Christ. They recognized this is what they need because in the world there is no hope or truth. That’s all found in Christ,” Pastor Mike recalled.

Meanwhile, the county began to put pressure on the church—sending officials to count heads during prayer meetings, hiring an outside company to trace attendees through their cell phone data (geofencing, something normally used in police criminal investigations which requires a warrant). Still, the church kept meeting. County officials even pressured the bank to call in the church’s mortgage.

In contrast, secular businesses—liquor stores, nail salons, pet stores, casinos—were granted permission to reopen while churches were deemed less important. Yet pandemic anxiety and fear had left people hopeless and isolated. Suicide rates had reached alarming highs in Santa Clara County during the church lockdown. Even though Pastor Mike explained to officials that lives were at stake, Santa Clara fined Calvary $5,000 every day they held services. “We’re seeing such devastation. … The county had 14,000 missed calls on their suicide hotline,” he recounted during the lockdown. “Why not let us help the hurting? Instead, they want to take away our rights.”

Mike keenly felt his responsibility as a pastor to keep the church open. “Not only do we have the Constitution and Bill of Rights on our side—more importantly, we have an obligation before God to minister to the needs of the people.” Thankfully, he did.

Pastors who kept their doors open saw hundreds find new life in Christ. Pastor Mike has seen great spiritual victories. Despite the epic legal struggle over the church, hundreds have come to Christ at Calvary San Jose each year since the pandemic.

This past summer, Pastor Mike McClure stood on the steps of the California State Capitol, urging lawmakers to reject AB 495—a bill critics warned could endanger children by allowing non-custodial adults to pick them up from school. Tragically, the legislation was approved despite public outcry.

A Faithful Flock

Pastor Mike watched his flock grow in their faith under the continued persecution. Some even brought extra clothes to church in case they were arrested. “The people in our church have counted the cost. … They have a faith that has replaced their fear,” he said earlier, citing 2 Timothy 1:7For God has not given us a spirit of fear, but of power and of love and of a sound mind. “There was so much fear, yet God has not given us fear but His power, His love, and a sound mind. Every week I see their joy, their soundness of mind. That’s worth everything. For me, if I should get arrested or go to jail, I wouldn’t change a thing because of the people who have been touched.”

Justice for All

Legal experts emphasize how one church’s stand secures justice for all. “The Calvary Chapel San Jose case represents more than just one church’s struggle—it’s a test of whether America will remain a nation where religious liberty is truly protected,” wrote Jordan Sekulow of the ACLJ. “We cannot allow religious freedom to become a second-class right, subject to suspension whenever officials deem it convenient. The same Constitution that protected religious exercise at our nation’s founding must continue to protect it today.”

Jay Sekulow, advocate with the ACLJ for the past 34 years, added, “What happened to Calvary Chapel was outrageous. … Think about it: The political machine in California—the attorney general and Gavin Newsom—believe they can enforce fines on a church in a case where those violations were held … by the Supreme Court to be unconstitutional. … The ramifications are very serious. We need to look to the future.”

In the coming weeks, the ACLJ and AFF will be filing a petition for certiorari with the Supreme Court to defend religious liberty.

calvarysj.org

Pastor Jack Hibbs, right, of Calvary Chapel Chino Hills interviews Pastor Mike McClure during the protest against California Assembly Bill 495. Jack led the rally and spoke passionately to the crowd, voicing strong opposition to the controversial bill.


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