"Joy and pleasure are as real as pain and sorrow and one must learn what they have to teach. . . ." -- Sean Russell, from Gatherer of Clouds

"If you're not having fun, you're not doing it right." -- Helyn D. Goldenberg

"I love you and I'm not afraid." -- Evanescence, "My Last Breath"

“If I hear ‘not allowed’ much oftener,” said Sam, “I’m going to get angry.” -- J.R.R. Tolkien, from Lord of the Rings

Saturday, November 28, 2020

We Knew This Was Coming: Religion Über Alles

THe first "religious freedom" case decided by the new, ultra-conservative Supreme Court went as we should have expected:
In a preview of how much damage a conservative majority on the Supreme Court can cause, the justices ruled 5-4 late last night that religious institutions do not have to abide by a public health order in New York limiting how many people can gather in one place. . . .

Here’s the basic backstory: New York Gov. Andrew Cuomo issued an Executive Order earlier this year that created limits to how many people can gather in one spot depending on how serious the COVID outbreak was in that region. That was a responsible, science-based decision. In the most dangerous areas, that meant a maximum of 10 people could attend a religious event at one time, even with precautions, while slightly less dangerous areas allowed for a capacity of 25.

There were, however, exceptions to that rule. For example, more people could be inside a grocery store (with masks) since they’re not hanging around and chatting with each other. You’re in, you’re out, it’s essential.

The Catholic Diocese of Brooklyn and a coalition of synagogues, individuals, and an Orthodox Jewish group sued Cuomo, saying the restrictions interfered with their religious freedom by limiting their attendance. They also said it was unfair that the “essential” exceptions to the rule didn’t apply to them.

Chief Justice Roberts sided with the liberal wing, but super-Catholic Amy Cony Barrett voted predicatbly.

This follows a trend over recent years of conservatives, particularly "Christians", pushing the "religious freedom" argument as far as it will go. The courts have treaded gingerly -- too ginerly, in my opinion -- in allowing exceptions to the law, notably in regard to anti-discrimination laws. Here we see the beginnings of a wider application of the Free Exercise Clause, which is that they've been working toward.

There's much more at the link -- Justice GOrsuch wrote the majority opinion, which Justice Sotomayor eviscerated in her dissent. It's worth reading the whole article. (And the NYT article linked in the first paragraph of the quote has even more detail.)

Needless to say, the decision is being slammed by just about everyone.

It seems to me that these cases are really very simple: all rights have limits. So, if you want to do business with the general public, you have to abide by non-discrimination laws, no matter your religious beliefs. And Jesus had something to say about praying in public (Matthew 6:5-6):

5 "And when you pray, do not be like the hypocrites, for they love to pray standing in the synagogues and on the street corners to be seen by men. I tell you the truth, they have received their reward in full.

6 But when you pray, go into your room, close the door and pray to your Father, who is unseen. Then your Father, who sees what is done in secret, will reward you.

The name of the case, which no one seems to want to include in their stories, is Roman Catholic Diocese of Brooklyn, New York v. Cuomo.

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