Religious liberty cases are rising during the coronavirus pandemic. Mark l. Movsesian writes:
Ever since it became clear that community spread of the COVID-19 virus constitutes a serious threat to public health, state and local governments have issued restrictions on public gatherings. The rules differ from place to place. Sometimes the restrictions apply to gatherings of any size. Sometimes they apply to gatherings of more than a specified number of people; the most common number seems to be five or 10. Typically, the bans do not apply to gatherings for “essential” purposes. For example, in New York, where I live, the ban on public gatherings does not apply to hospitals and health-care agencies, grocery and liquor stores, hardware and home repair stores, and banks, among other things.
In New York and most other states, however, the bans do apply to gatherings for religious purposes. Most states either prohibit corporate worship entirely as “non-essential”—New York, for example—or restrict it to small numbers of people. Only a minority of states, 15, currently allow religious gatherings without any restriction.
The vast majority of churches and houses of worship, something like 90%, according to a recent Pew survey, have gone along with these restrictions, at least for the time being. This should not be a surprise. Religious believers care about public health, too, and many churches and religious communities, even among the most traditional, have found ways to be flexible. Many have taken advantage of the internet and online streaming to hold virtual worship services and Bible studies—a contemporary version of spoiling the Egyptians. But a handful of churches have brought lawsuits challenging the bans on constitutional grounds, and that number is likely to increase.
[Mark l. Movsesian, "Religious Liberty in COVID-19’s Wake," Law & Liberty, May 12]
