The Supreme Court has sided with religious institutions (NYT) against some of the pandemic restrictions of state and local governments:

The opinion said the state had treated secular businesses more favorably than houses of worship.

“The list of ‘essential’ businesses includes things such as acupuncture facilities, camp grounds, garages, as well as many whose services are not limited to those that can be regarded as essential, such as all plants manufacturing chemicals and microelectronics and all transportation facilities,” the opinion said.

Here is also WaPo coverage.  And:

“We may not shelter in place when the Constitution is under attack,” Justice Gorsuch wrote. “Things never go well when we do.”

While I am not myself religious, I regard religious services as essential parts of our society and also in the longer run for our economy (birth rates, if nothing else).  More generally, I am struck by how many intelligent people no longer seem to attach much weight to religious liberty, by no means starting with the various anti-Church moves during the Obama administration, but certainly emphasized there.  (Even centrist Democrats are often clueless about the traumatic effects here, one of the biggest gaps in their understanding of American politics.)  So I am happy to see push back in the opposite direction, siding with the rights of religious institutions.  On top of all other considerations, those institutions are also (usually) bastions of non-Woke sentiments, which makes protecting them all the more important.

You will note that the decision does not strike down all restrictions on church services, but rather rejects a particular set of restrictions, leaving many broader issues open (to varying degrees for the different justices, if I understand correctly).

You might think “this decision is killing people,” but I wonder if that is true on net.  If you do believe various pandemic restrictions are the way forward at this point (only modestly in my view), you will want to restrict more than just churches.  If religious people see that the rights of churches will be protected to some reasonable degree, they might be more willing to support other restrictions.  So even if you are very pro-restriction, I hardly view this decision as an obvious consequentialist disaster.  We are not banning Thanksgiving travel either, right?

And if we do not turn government and also federal funds and tax exemptions into a battering ram against religious autonomy, we will reap a lot of other practical, life and death benefits from that decision over time, including a healthier American discourse.

That all said, if I were running a church likely I would cancel all in-person services beyond very limited numbers.

Addendum: If in 2016 you vowed to “respect Trump voters,” supporting this decision would be one good place to start.  It might do a good deal to limit polarization and improve the other decisions we make.

The post SCOTUS, houses of worship, and the pandemic appeared first on Marginal REVOLUTION.

SCOTUS, houses of worship, and the pandemic

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