Sun Sentinel Palm Beach Edition

Bias against churches didn’t have a prayer

- By Emilie Kao

COVID-19 made 2020 an incredibly hard year for Americans. Governors and mayors made it worse by shrinking religious freedom.

It didn’ t have to be this way. Most Americans have shown that they’ re willing to take sensible precaution­s. But some of those in leadership positions have overreacte­d, to put it mildly. As Supreme Court Justice Samuel Ali to observed in November, “the pandemic has resulted in previously unimaginab­le restrictio­ns on individual liberty. We have never before seen restrictio­ns as, severe, extensive and prolonged as in 2020.”

When America first began grappling with rising cases of COVID-19, governors and mayors sought to stop the spread by limiting in-person gatherings, encouragin­g safety protocols and institutin­g contract tracing. But many localities also trampled on religious freedom by treating religious gatherings more harshly than secular counterpar­ts. Malls, liquor stores and abortion clinics were labeled as essential, while religious services in similar- sized spaces that could follow similar social distancing protocols were not.

In Nevada, casinos could open at 50% cap acity, meaning that thousands of people could be together to gamble, while only 50 people were allowed in churches like Calvary Chapel Dayton Valley. Los Angeles ordered Grace Community Church, led by Rev. John Mac Arthur, to pay $1,000 per day in fines or risk jail time. In Louisville, Kentucky, the mayor even threatened to ban drive-in Easter services.

During the summer, while mass protests over controvers­ial police deaths filled the streets without repercussi­ons, worship services at the beach were scrutinize­d.

Then, on the eve of Thanksgivi­ng, the Supreme Court stepped into address the mess. Faced with restrictio­ns that permitted only 10 or 25 people into cathedrals and synagogues that once filled thousands, the Archdioces­e of Brooklyn and Agudath Israel sued New York Gov. Andrew Cuomo, ultimately ending up at the Supreme Court.

The result was are sounding win for fairness and Americans’ first freedom. Noting a health official who testified that a large store in Brooklyn could“literally have hundreds of people shopping there on any given day,” the Court ruled that New York’s restrictio­ns could not be viewed as “neutral because they single out houses of worship for especially harsh treatment.”

The court also observed that “The loss of First Amendment freedoms, for even minimal periods of time, unquestion­ably constitute­s irreparabl­e injury.”

The Supreme Court’s decision has been heeded by lower courts that have begun to restore freedom around the country. The government’s strong interest in public health isn’t compromise­d by treating religious gatherings in a fair and constituti­onal manner. As Dr. Kevin Pham writes, authoritie­s bear the burden of showing their work by providing scientific evidence that religious gatherings are more likely to be sources of outbreak than secular gatherings. But they haven’t done this. Instead of facts, there has been conjecture and rhetoric.

Aguda th Israel pointed to comments by Gov. Cu o mo that specifical­ly targeted the Orthodox Jewish community and gerrymande­red the boundaries of red and orange zones to ensure that heavily Orthodox areas were included. Both the Diocese and Aguda th Israel reported (without contradict­ion from authoritie­s) that they complied with all public health guidance, implemente­d additional precaution­ary measures, and operated at 25% or 33% capacity for months without a single outbreak. Why then would the government treat them worse than secular establishm­ents?

Treating two equivalent situations differentl­y because of their nature is obviously unfair.

These unfair restrictio­ns also take a toll on public health. The pandemic has placed massive stress on our minds and emotions as well as our bodies. Many Americans rely on their faith and faith communitie­s for strength to face each day. As death and economic hard ship have increased, the spiritual strength offered by religious communitie­s has become even more essential to the well-being of our nation. As the Supreme Court recognized, taking communion and worshippin­g in community cannot be replaced by a Zoom service.

America faces an onslaught of “deaths of despair.” The Centers of Disease Control and Prevention reported 1 in 4 millennial­s contemplat­ed suicide during the pandemic. Prior to the pandemic, the U.S. surgeon general had already warned that“social isolation is a major public health crisis, on par with heart disease or cancer.”

For Americans suffering from loneliness and isolation, belief in the transcende­nt bolstered by relationsh­ips can serve as a final barrier from going over the brink.

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