Friday, September 04, 2020

7th Circuit: COVID-19 Order Exempting Religious Services Is Valid

 In Illinois Republican Party v. Pritzker, (7th Cir., Sept. 3, 2020), the U.S. 7th Circuit Court of Appeals rejected arguments by the Illinois Republican Party that Illinois Governor J.B. Pritzker's COVD-19 Order limiting gatherings (including political gatherings) to 50 people is unconstitutional because there is an exemption from the limit for religious services. The court, denying a preliminary injunction, said in part:

A careful look at the Supreme Court’s Religion Clause cases, coupled with the fact that EO43 is designed to give greater leeway to the exercise of religion, convinces us that the speech that accompanies religious exercise has a privileged position under the First Amendment, and that EO43 permissibly accommodates religious activities....

Because the exercise of religion involves more than simple speech, the equivalency urged on us by the Republicans between political speech and religious exercise is a false one.... Free exercise of religion enjoys express constitutional protection, and the Governor was entitled to carve out some room for religion, even while he declined to do so for other activities.

Jurist reports on the decision.  [Thanks to Steven H. Sholk for the lead.]