RENO, Nev. (AP) — Nevada's lawyers reaffirmed their defense of the state's 50-person cap on religious gatherings to help prevent the spread of coronavirus Wednesday after a rural church asked a U.S. appeals court to overturn a federal judge's repeated refusal to strike it down as unconstitutional.

“The governor has an obligation to protect Nevadans' health and well-being based on the risk during a once-in-a-century pandemic,” Deputy Solicitor General Craig Newby wrote in a new filing on behalf of Attorney General Aaron Ford.

Calvary Chapel Dayton Valley filed a formal notice of its appeal late Monday to the 9th U.S. Circuit Court of Appeals in San Francisco after a judge in Las Vegas rejected its second request last week for a preliminary injunction blocking enforcement of the hard cap.

It also filed a new request to resume worship services, while the appeal is pending, under strict social distancing guidelines at 50% of the church’s capacity — the same limit placed on casinos and others to help prevent the spread of the coronavirus.

The church in Lyon County east of Reno maintains the current cap violates members’ First Amendment right to express and exercise their beliefs because it “treats religious gatherings worse than similar secular gatherings,” including casinos, restaurants, taverns, gyms, bowling alleys, theme parks and arcades.

“People sitting in chairs for 45 minutes mostly listening to sermons can be no worse than hundreds to thousands of people sitting near one another, mingling, drinking, playing the slots, and exchanging cards or chips for hours on end,” Calvary Chapel’s lawyers wrote in the appeal notice filed late Monday.

The unequal treatment is further evidenced by the fact Gov. Steve Sisolak and Ford, both Democrats, “have allowed and encouraged protests where hundreds or thousands of people have gathered” at recent demonstrations over racism and policing, they said.

“That protests may be important or are difficult to address is no reason to treat religious worship as less vital,” they wrote. “Any public-health danger is much more pronounced when thousands of people gather to protest shoulder-to-shoulder for hours at a time shouting or chanting their desired message than its when people sit calmly, socially distanced at church.”

The appeal came as Nevada reported its single largest daily increase of new cases of the coronavirus Monday and Sisolak announced he won't further ease restrictions on any businesses or gatherings until the end of the month.

The state's lawyers argued in Wednesday's filing that the church cap should remain in effect pending the outcome of the appeal.

“Consistent with White House guidelines for mass gatherings, the governor has implemented directives to slowly reopen Nevada to ensure the curve stays flat and that (there) is not a need to revert back to earlier phases that required further sacrifices from all Nevadans to remain safe,” they said.

“There is no evidence in this record indicating selective enforcement of Nevada's emergency directives against Calvary specifically or houses of worship more generally,.” they said.

The church wants to allow up to 90 people who make reservations at 45-minute services spaced 6 feet (2 meters) apart in the 200-capacity sanctuary.

“Calvary Chapel’s comprehensive health and safety plan —and location in a rural area in which the number of COVID-19 cases is extremely low — justify this targeted relief,” it said.

U.S. Judge Richard Boulware II said in denying the church’s request last week that in order to prove selective enforcement, it must demonstrate the state is only enforcing the directive against churches. He also rejected arguments that churches are analogous to casinos, noting casinos are subject to substantial additional restrictions by state gambling regulators.

Sisolak briefly touched on churches and protests Monday night when he announced there would be no relaxation of restrictions before June 30. Casinos that had been closed since mid-March were allowed to reopen June 4 at half their normal capacity.

“Churches are a different situation. They are an indoor facility, which makes it a little more impactful than it is outside," Sisolak said, adding that the protests are “a big concern.”

“I support everyone’s ability and right to protest and getting involved. And I think that is a fabulous thing to do,” he said. But television coverage of protesters without masks “troubles me,” the governor said.

Sisolak said it’s unrealistic to expect protesters to remain 6 feet (2 meters) apart, “but I would certainly hope they would distance themselves as much as possible and — without a doubt — wear face coverings.”