Viewpoint When public health and Constitution clash

Federal health officials have drafted recommendations that would guide the reopening of workplaces, subways, schools, restaurants and other facilities, of which just one is constitutionally protected from government meddling: places of worship. The guidance is nonbinding, and White House officials have reportedly been at odds over whether a final version should mention faithbased communities at all. That dilemma reflects the tension between religious institutions’ right to special deference and their simultaneous responsibility to safeguard the lives and health of their congregants and communities.

Some religious leaders have already challenged existing guidelines or suggested they are prepared to do so by going ahead with in-person worship services. That is posing a test for officials and judges to determine where to draw the line between religious liberty and public health.

Attorney-General William P. Barr has signalled he may authorise more aggressive interventions if state and local authorities take steps that violate constitutional and civil rights.

A national public health emergency does not afford governors or mayors carte blanche to disregard the First Amendment. But equally a community’s right to safety and health in the face of a potentially mortal threat cannot be collateral damage in an absolutist interpretation of constitutional protections.