In a disappointing ruling, Chief Justice John Roberts joined with the liberal bloc of the court to block the free exercise of religion in California. At stake was under the covid-19 emergency rules, whether a church was allowed to be held to a stricter set of rules than other secular based entities such as factories or grocery stores.
In its petition to the court, the church indicated it willingness to comply with the same rules as secular places were being held to, but the court denied its offer, instead comparing them to sporting events, concerts and other public gatherings which were under stricter orders.
Upon reading both the Roberts opinion and the dissenting one, I was struck how both sides seemed to miss a fundamental premise of the Constitution. There was no challenging if the state had the right to apply a system that chose winners and loser relative to who could stay open, but instead it focused on if the standard was being applied consistently. The majority focused on classifying a church similar to one set of business while the minority argued it was similar to another. No direct argument was made if the state even had the right to do it in the first place.
I recognize not everyone places faith or religion at a place of value in their lives. However, that does not mean it is not essential for many who believe that feeding the soul is even more important than feeding the body. So essential, that the 1st Amendment enshrines that right to protect the free exercise thereof and prohibits laws being enacted that infringe on it.
By refusing to grant relief, the Supreme Court made a monumental statement that the free exercise of religion is on par with watching sports and does not deserve the same protection that free speech, a free press and the right to assemble hold.
During Robert’s confirmation, he stated his goal to not be a participant in the game but instead be like the umpire who only calls the balls and strikes. Little did we expect that he would view religion through the lens of baseball, a game that doesn’t warrant full constitutional protection.
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