Friday, November 27, 2020

The First Amendment Does Not Prevent Us From Caring for the Neighbor

 



The US Supreme Court has overturned a N.Y. ruling concerning religious people gathering in crowds, some saying this was based on the “heart of the First Amendment.”
      The First Amendment to the U.S. Constitution reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” Neither the establishment clause nor the free exercise clause prevents guidelines and laws needed to protect people’s right to live.  Free exercise means freedom for me and my neighbor, not my freedom to endanger my neighbor.
      The U.S. Supreme Court has temporarily barred New York from enforcing strict attendance limits on places of worship in areas designated coronavirus hot spots. Such restrictions are necessary during a pandemic; it has been demonstrated that large gatherings of any kind, including houses of worship, have directly contributed to huge outbreaks of COVID-19 and many deaths.
      The court ruled 5-4 in favor of the Roman Catholic Diocese of Brooklyn and Agudath Israel of America that argued that the restrictions violated the Free Exercise Clause of the First Amendment. Headlines reading “US Supreme Court sides with religious organizations” are misleading. In my opinion the ruling did not “side with” religious organizations or two specific religious groups, which would have violated the establishment clause.
      This ruling has implications for future court cases which might base rulings on the free exercise clause, thus, in my view, misusing the First Amendment. This also has implications for all religious organizations. Some members might use this Supreme Court Ruling to insist their faith community be totally open to in-person services and to not insist on social distancing and wearing masks. We need to carefully study the First Amendment and also the Preamble to the Constitution which includes the words, “to promote the general welfare.” Freedom from means freedom for people to be able to live.

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