#213 Religious Celebrations and Pilgrimages; Legal Action on Vaccinations
The resumption of major religious festivals and pilgrimages marks a significant step for many communities. For millions of Muslims, two major markers are the hajj in Mecca and worldwide celebration of Eid al-Adha, which marks the end of the hajj pilgrimage. In contrast to sharply limited numbers in the COVID-19 years, over a million pilgrims went to Mecca from countries across the world (though numbers are still less than the 2.5 million Muslims who traveled in 2019 for the pilgrimage). New selection procedures led to some tensions and disappointments, in west Africa, for example, but overall accounts were positive. A Saudi minister celebrated successful health regimes in a statement to the Saudi Press Agency: “In light of the great support of the Custodian of the Two Holy Mosques and HRH the Crown Prince, I am pleased to announce the success of Haj health plans for this year 1443 H (2022).” Easing of coronavirus restrictions has allowed worshipers to gather for Eid. The symbolic importance of these developments are reflected in U.S. President Joe Biden’s comment that the festivities represent a “symbol of the progress we have made in fighting” the coronavirus, though he warned that the pandemic is not over yet.
A Hindu pilgrimage in Kashmir also resumed after three years, as restrictions were eased, though a cloudburst resulted in deaths and disruptions.
Legal action around vaccinations continues, often with direct or indirect religious aspects. In the United States, “Challenges to vaccine mandates have been routinely waved off by courts. A simple citation to Jacobson, a showing of a legitimate state interest (preventing disease spread) and an affirmation that requiring vaccination is rationally related to accomplishing that interest, was all a state court needed to dispose of such cases. No case came close to reaching the Supreme Court until the pandemic put vaccines at the very center of public attention.” But in recent dissenting opinions in major COVID-19 vaccine cases before the U.S. Supreme Court, Justice Neil Gorsuch has begun to suggest a stricter analysis, rooted in religious liberty arguments. His rationale would undermine the ability of states to enact broad public health policies, including vaccination, in both an emergency context and in more traditional efforts to prevent the spread of disease.
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