Supreme Court Punts On Pandemic Religious Restrictions

Last updated on: May 31, 2020 at 12:27 pm by Monsignor Eric Barr, STL

Supreme Court Punts On Pandemic Religious Restrictions 2020-05-31T12:27:03-05:00 Monsignor Eric Barr, STL

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

Supremes At Work

Although it looks like Chief Justice Roberts muddied the waters as usual in preventing the court from decisively ruling on the constitutionality of religious restrictions in the face of the pandemic, a second look shows a more pragmatic reason. The court’s upholding the right of the state to set some restrictions on religious gatherings seems to rest on two points. First, religious gatherings are not like businesses because gatherings are more socially intensive and lengthy. They are more akin to theater gatherings, sports activities, etc. Second, as in the case of California and Illinois, the state showed flexibility in modifying and mitigating its original severe restrictions on religious gatherings. Roberts seemed to indicate that this puts the decision of religious gatherings during the pandemic into the political and health and safety sphere. In other words, the court majority saw this as a more fluid issue depending on the course of the pandemic. This is just the court’s first immersion into this issue but hardly its last.

Not Always About Liberal vs. Conservative

Personally, I side with the minority because I think the state should leave its hands off the church. But the states have shown some reasonableness in mitigating their originally severe restrictions. And Justice Roberts always prefers to soothe and compromise rather than precipitate an either/or confrontation. He and the majority appear to think that these problems should be resolved in conversation with all parties involved for the good of the community. I find this a little optimistic and naive. I relish the fight, but I understand the wish in the pandemic crisis to reach an accommodation. Right now, the states have moved towards more accommodation with the churches. That’s a good sign. Let’s hope this continues.

Uncategorized

Church vs. State

pandemic

Previous Post

May 23, 2020

A Wonderful Dali Ascension

Next Post

May 31, 2020 Catholic Mass with Masks

Browse Our Archives

Select a Category abortion afterlife Amazon Synod American pope apostles Archbishop Gregory Aslan bishop schneider Bishop Sheen bishops blessed virgin mary book banning bunker busters C. S. Lewis canonization cardinal burke cardinal McCarrick Cardinal Newman Catechism catholic anthropology Catholic Church Catholic decline Catholic future Catholic laity Catholic missionary activity Catholic population catholic schools catholic stories catholic teaching Ccardinal newman Celibacy Christian fantasy christology Chronicles of Narnia clergy sex abuse crisis climate change conclave confession Conversion to Catholicism covid 19 curses demons diplomacy dissent Eucharistic belief evangelization exorcism exorcisms fast and abstinence G. K. Chesterton gay marriage genocide gnosticism harry potter heaven heresy human autonomy iconoclasm idolatry Inculturation Iran Iraq Christians J. D. Vance J. R. R. Tolkien Jesus Christ Joe Biden John Denver just war theory latin liturgy law and order Madeleine L'Engle magic martyrdom Mary Magdalene Mass Mass attendance mass shootings mercy Missionary activity morality music Nature nihilism notre dame nuclear war pandemic papal election papal funeral papal funeral Persecution politics pope pope benedict pope francis Pope Leo XIV popular movies Popular Novels poverty prayer President Trump Presidential Election priests Pro-life racism Rad Trads Radical Left radical traditionalist Real Presence Religious leaders right to life ripped from the headlines Roe V. Wade rosary Sacrament saints satanism Scripture sins spells spirituality St. John Paul II Summorum Pontificum sunday obligation Supreme Court syncretism third world Catholicism tolerance Traditionis Custodes Uncategorized unchurched urbi et orbi US Bishops violence zero tolerance

Select a Month September 2026 September 2025 June 2025 May 2025 April 2025 February 2025 October 2022 August 2022 July 2022 June 2022 December 2021 October 2021 July 2021 November 2020 August 2020 July 2020 June 2020 May 2020 April 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019

TAKE THE

Religious Wisdom Quiz