April 13, 2020 RAPID RESPONSE

Religious Freedom Implications of the COVID-19 Pandemic

In response to the global public health crisis posed by the COVID-19 pandemic, federal, state and local governments are ramping up social distancing practices and directives, including the closing of nonessential businesses, schools, and venues that typically attract large gatherings. State and local enactments have varied as to whether, and to what extent, they afford an exemption to houses of worship. Regardless, most religious congregations have suspended congregational services, often moving to digital communication, such as live streaming of services, as an alternative; many did so even in the absence of state or local government directives calling for suspension of large gatherings, while others have followed suit once those directives were forthcoming.

What, then, are the religious liberty implications of the pandemic-related restrictions on assembling for religious purposes? And what other questions are presented by responses to the pandemic, both in terms of impact on religious organizations and as they relate to other church-state concerns?

Webinar topics will include:

  • What is the doctrinal framework for analyzing restrictions on religious gatherings?

  • What other sorts of religious activities may be subject to restriction? Live streaming of worship services?  Door to door evangelism?

  • Are there religious activities that should be exempted from restrictions, even when similar sectarian activities are not exempted?

  • How are religious social service organizations impacted by the restrictions?

  • May congregations that meet in defiance of restrictions be held liable for personal injuries if someone in attendance becomes sick or dies?

  • Can religious bodies that suffer economic loss be able to receive government funded “social insurance” on the same terms as secular institutions without violating the Establishment Clause? Conversely, would denial of those funds amount to a Free Exercise Clause violation?

With heightened concerns nationwide about data confidentiality and diminished trust in the federal government, lawyers in all practice areas may find themselves being asked about the Census 2020, which begins nationwide in March, by their clients.
With heightened concerns nationwide about data confidentiality and diminished trust in the federal government, lawyers in all practice areas may find themselves being asked about the Census 2020, which begins nationwide in March, by their clients.

Panelists

  • Rahmah A. Abdulaleem, Executive Director, KARAMAH: Muslim Women Lawyers for Human Rights
  • Mark Chopko, Partner, Stradley, Ronon; Former General Counsel, United States Conference of Catholic Bishops
  • Richard Foltin, Senior Scholar, Religious Freedom Center, Freedom Forum Institute
  • Maggie Garrett, Vice President of Public Policy, Americans United for Separation of Church and State

Moderator

  • Alan Reinach, Executive Director, Church State Council, Seventh-Day Adventists Pacific Union Conference

Co-Sponsors: ABA Commission on Hispanic Legal Rights & Responsibilities, ABA Commission on Homelessness & Poverty, ABA Commission on Racial and Ethnic Diversity in the ProfessionABA Commission on Sexual Orientation and Gender IdentityABA Criminal Justice Section, ABA Government and Public Sector Lawyers DivisionABA Section of LitigationABA Section of State and Local Government Law, ABA Senior Lawyers Division

Resources

Opinion in Binford et al v. Governor Sununu

Americans United for Separation of Church and State letter re: NCLP and Cross Culture Christian Center cease-and-desist letter

Americans United for Separation of Church and State letter to New Mexico state government officials

U.S. Small Business Administration Frequently Asked Questions Regarding Participation of Faith-Based Organizations in the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan Program (EIDL)

Considering Faith, Community, and Mental Health During the COVID-19 Crisis

The COVID-19 stimulus packages and houses of worship

Support CRSJ and the COVID-19 Webinar Series

CRSJ provides free webinars and resources for legal professionals and advocates nationwide and relies on generous donor support and volunteer service. Your charitable gift ensures that we continue to address the deepening crises in our collective pursuit of advancing law and justice. Thank you!

Give GenerouslyDonate Today