Religious Liberty

“When a law would infringe on Americans’ fundamental freedoms, such as the freedom of religious exercise or the freedom of assembly, it is subject to what the law calls ‘strict scrutiny,’ which means that the courts will find a law unconstitutional unless the government can show three things…” - 9 Marks

“Trump lacks the authority to override state decisions regarding closures of businesses and institutions since the Constitution delegates police powers to the states.” - NR

“Prayerfully extend grace to your brothers and sisters who may see things differently than you do. Go the extra mile to make your church family comfortable by abiding by the collective wisdom of your leaders. If you feel uncomfortable with the decisions your leaders make, stay home a little longer. If you are at risk due to health issues, please be safe and wait.

“Baker County circuit judge Matthew Shirtcliff granted a preliminary injunction to ten churches who had sued the governor over the restrictions, which prevented them from gathering for religious services.” - National Review

“The Supreme Court is hearing oral arguments this week for cases that will be decided in late May or June. Here are five with implications for religious liberty.” - TGC

“In the new cases, two Catholic schools in the Archdiocese of Los Angeles chose not to renew contracts for two fifth-grade teachers based on what they said was poor performance.

“These cases are very fact-specific and turn on the specific language of the bans in question. But there is another, more important reason for the courts’ division…. Under the Supreme Court’s landmark ruling in Employment Division v. Smith (1990), no right to an exemption exists where a law is neutral and generally applicable, that is, where the law does not target religion for disfavored treatment.

“For the third consecutive day, the justices heard oral arguments by means of a telephone conference because of restrictions brought on by the coronavirus (COVID-19) pandemic. The religious freedom case was among 10 in which the high court postponed oral arguments from late March and April.” - BPNews

“The Justice Department is pushing back against Virginia Governor Ralph Northam’s stay at home order, arguing that churches have been unfairly affected.” - National Review

“Needless to say, this is an area that is fast-moving. And, it’s clear that courts are dealing with a variety of constitutional concerns, as well as public health orders that take radically different approaches. In some cases, local governments have reached agreements or clarified positions in a way that address plaintiffs’ concerns.” - BJC