Should we limit the free exercise of religion during a pandemic?
With closings around the country in response to the current outbreak of COVID-19, should houses of worship be an exception to the orders to close? Explore the implications of the free exercise clause of the First Amendment in the case study below.
Imagine this: You are appointed by your governor to your state's COVID-19 Response Task Force. The governor intends to ban all gatherings of 10 people or more. The task force must write the guidelines.
A major issue is whether to exempt houses of worship from the limit on large gatherings. There are arguments presented that houses of worship should be classified as essential businesses, like grocery stores, pharmacies, and farms.
Some religious leaders argue that the state has no authority to limit the First Amendment right of religious groups to gather for worship. Other religious leaders and health experts advising the task force urge that all gatherings, secular and religious, be included in the ban.
Review the four suggested plans created by the task force below. Which option do you present to the governor?
A. Ban in-person gatherings of 10 people or more for religious and non-religious communities.
The state has compelling interest in protecting public health, and banning all non-essential gatherings is the least restrictive option for doing so, even though it infringes on the free exercise of religion.
B. Leave it up to the individual houses of worship to decide whether they remain open. Exempt houses of worship from government-mandated social distance restrictions.
Expand the Task Force’s public information resources on COVID-19 to include information that may be helpful to houses of worship as they decide how to navigate this situation. The Free Exercise Clause of the First Amendment should be interpreted to prohibit government from interfering in the activities of houses of worship even during a health emergency.
C. Permit religious gatherings of 10 people or more if and only if religious communities agree to follow guidelines that apply to people engaging in essential activities
This would include separating people by six feet or more, wear masks, disinfect high touch areas in the house of worship, pre-screen and monitor attendees for signs of illness.
D. Something else. Explain
What does the First Amendment say about this?
For one perspective, read this column by Ben Marcus of the Religious Freedom Center.
To learn what a range of religious freedom experts think about this question, watch this webinar in which legal experts and religious and non-religious community leaders share different perspectives on closing houses of worship during the COVID-19 pandemic.
