Monday, June 01, 2020

Supreme Court lets states regulate church gatherings in pandemic; White House waters down CDC guidelines

Churches continue to serve as a legal and regulatory battleground during the pandemic as concerns over free speech and public health collide.

The Supreme Court ruledFriday that states still retain some power to regulate how many people are allowed to gather in churches during a pandemic, with Chief Justice John Roberts joining the court's liberal minority in a 5-4 vote, Adam Liptak reports for The New York Times.

South Bay United Pentecostal Church in Chula Vista, Calif., sued to block the state from enforcing restrictions on attendance at religious services, alleging that their freedom of speech was being violated. However, Roberts wrote in the majority opinion that churches were not being unfairly singled out since non-essential secular gatherings have also been restricted, Liptak reports.

"The court’s ruling was its first attempt to balance the public health crisis against the Constitution’s protection of religious freedom," Liptak reports. "And it expanded the Supreme Court’s engagement with the consequences of the coronavirus pandemic, after rulings on voting in Wisconsin and prisons in Texas and Ohio."

Meanwhile, last week the Centers for Disease Control and Prevention removed language from its pandemic guidelines for faith communities that had encouraged them to limit or eschew singing since it can spread the coronavirus, Lena Sun and Josh Dawsey report for The Washington Post.

The guide was initially released on Friday, May 22, but it was altered over the weekend to exclude language about choirs, apparently because the White House had not approved it, Bill Chappell reports for NPR. An anonymous federal official told NPR that the CDC "posted the wrong version of the guidance" and that the one "currently up on the website is the version cleared by the White House."

"The altered guidance also deleted a reference to 'shared cups' among items, including hymnals and worship rugs, that should not be shared," Sun and Josh Dawsey report. "The updated guidelines also added language that said the guidance 'is not intended to infringe on rights protected by the First Amendment'."

Churches have been the source for multiple local outbreaks in rural areas. "There is probably no better way to aerosolize the virus than singing," Kevin Kavanagh told The Rural Blog. "Close contact, indoor closed quarters plus singing is a set-up for a disaster." Kavanagh is a retired physician in Somerset, Ky., and chair of Health Watch USA.

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