The COVID-19 pandemic has upended Americans’ daily lives. What one day people took for granted, like going to church, was the next day potentially deadly and prohibited by law. In response to the pandemic, state and local officials ordered entities such as non-essential businesses and churches to close. But as churches tried to adapt to uncertain circumstances by offering drive-thru and drive-up services, some were required to stop these activities. As the public-health situation improved, some officials required churches to remain closed, even as they allowed business establishments to open. These situations involving churches and their freedom to operate prompted lawsuits and drew the attention of the U.S. Department of Justice.
Outside of church, too, religious citizens have faced unique challenges. For example, Samaritan’s Purse, a Christian humanitarian organization, was asked to remove the field hospital it set up in New York City because of its leader’s views on same-sex marriage and other social issues. And now, as California public schools announce they will not be re-opening for in-person classes in the fall, religious schools in the state are being told they may not open either, even though many of these schools are much smaller than public schools.
These circumstances have raised a host of legal and constitutional questions regarding how religion is treated and how it should be treated. What are the limits of religious liberty during a public-health emergency, and what powers do government officials have to regulate religious exercise? In what cases, if any, can government prefer religion and when, if ever, is it required to discriminate against religion? Law professors Rick Garnett and Bill Marshall join us to discuss the legal and constitutional issues involved in these evolving matters and more.
Featuring:
-- Richard Garnett, Paul J. Schierl / Fort Howard Corporation Professor of Law, University of Notre Dame Law School
-- William Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
Outside of church, too, religious citizens have faced unique challenges. For example, Samaritan’s Purse, a Christian humanitarian organization, was asked to remove the field hospital it set up in New York City because of its leader’s views on same-sex marriage and other social issues. And now, as California public schools announce they will not be re-opening for in-person classes in the fall, religious schools in the state are being told they may not open either, even though many of these schools are much smaller than public schools.
These circumstances have raised a host of legal and constitutional questions regarding how religion is treated and how it should be treated. What are the limits of religious liberty during a public-health emergency, and what powers do government officials have to regulate religious exercise? In what cases, if any, can government prefer religion and when, if ever, is it required to discriminate against religion? Law professors Rick Garnett and Bill Marshall join us to discuss the legal and constitutional issues involved in these evolving matters and more.
Featuring:
-- Richard Garnett, Paul J. Schierl / Fort Howard Corporation Professor of Law, University of Notre Dame Law School
-- William Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law