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Tuesday, May 5, 2020

Coronavirus: Freedom of Religion Wins



The Maryville Baptist Church, Inc. v Andy Beshear, Governor of Kentucky - It seems Freedom of Religion will triumph:

https://law.justia.com/cases/federal/appellate-courts/ca6/20-5427/20-5427-2020-05-04.html

MARYVILLE BAPTIST CHURCH,INC.;
DR.JACK ROBERTS,
Plaintiffs-Appellants,

v.

ANDY BESHEAR,  in  his  official  capacity  as  Governor of the Commonwealth of Kentucky, Defendant-Appellee

Similarly...

LIGHTHOUSE FELLOWSHIP CHURCH,
Plaintiff,

v.
Case No. 2:20-cv-00204-AWA-RJK
RALPH NORTHAM, in his official capacity
as Governor of the Commonwealth of Virginia,
Defendant.


Basically temporary restraining orders to prevent enforcement of "anti-religion" life-sustaining  only Covid19 edicts.

These restraining orders would not have been granted (as each states) unless "The  Church  is  likely  to  succeed  on  its  state  and  federal  claims, especially with respect to the ban’s application  to  drive-in  services."

Note, however, these are not "blank" decisions but merely prevent the state for singling out religion from what otherwise might be poor Covid19 decisions.

So this is good news.

I wonder what other Constitutional freedoms will be addressed?

The strategy here seems to be "if you let 1,000 people into Walmart with social distancing rules why can't people engage in a properly controlled worship service?"

https://en.wikipedia.org/wiki/Prince_v._Massachusetts is mentioned in passing but perhaps out of context.  It would seem that adults have a much broader range of rights than children in regard to making martyrs of themselves and also it seems that if you are sick you should stay home.

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