July 25 (UPI) — The U.S. Supreme Court has ruled against a Nevada church’s request to allow more congregants than currently allowed under coronavirus mitigation rules in the state.

Justices voted 5-4 against the challenge of the state law that places a 50-person limit on places of worship during the pandemic.

The Calvary Chapel Dayton Valley challenged the state’s rule, saying it’s unfair to houses of worship because other businesses, such as restaurants, casinos and amusement parks, were limited to 50 percent of capacity.

The church said its First Amendment rights were violated by the rule when the state said it couldn’t have its entire 90-person congregation attend services with social distancing.

Justices didn’t issue an explanation for their ruling, a common practice when the court rules on emergency applications. Those who voted against the cap on religious attendance issued three dissenting opinions, including one from Justice Samuel Alito.

“The Constitution guarantees the free exercise of religion,” he wrote. “It says nothing about the freedom to play craps or blackjack, to feed tokens into a slot machine, or to engage in any other game of chance. But the governor of Nevada apparently has different priorities.

“That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this court’s willingness to allow such discrimination is disappointing. We have a duty to defend the Constitution, and even a public health emergency does not absolve us of that responsibility.”

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