05-22-2020, 02:33 PM
I would not be so quick to dismiss the federal government's power to override states restricting church meetings. Freedom of religion is guaranteed by the US Constitution and so overrides any state law. The executive branch of the government has in the past sent troops into states to enforce what the federal government saw as constitutional rights.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
It is hard for me to see, notwithstanding my belief that public health SHOULD outweigh this, that the courts would rule that there is a missing clause that allows prohibiting the free exercise of religion or the right to assemble in some cases. The one thing is that it is Congress that is prohibited from making such a law, but the states are not held to that in this statement. However, I think the Supreme Court would find that this applies to all levels of government, and possibly to private institutions.
I do think that this clause does not prohibit laws governing aspects (6' minimum, outdoors, etc.) of the manner of that free exercise as long as such laws don't prohibit the free exercise.
Of course, I am no authority on the Constitution.
I think it would be wise for government organizations of all levels met with the religious organizations at all levels to encourage self-restriction by the individual churches.
I expect we have the same problem with (Native American) Indian reservations. I don't believe the county or the state has authority to influence behavior in those. I would expect that means that casinos in California could hold tightly packed meetings and gambling. (However, I DO think the state and counties could try to enforce a 2-week isolation after visiting such a situation. Whether that would be feasible is another question.)
Churches & athletics intersect at Lakewood Church in Houston, in the former Compaq Center that used to host the Houston Rockets.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
It is hard for me to see, notwithstanding my belief that public health SHOULD outweigh this, that the courts would rule that there is a missing clause that allows prohibiting the free exercise of religion or the right to assemble in some cases. The one thing is that it is Congress that is prohibited from making such a law, but the states are not held to that in this statement. However, I think the Supreme Court would find that this applies to all levels of government, and possibly to private institutions.
I do think that this clause does not prohibit laws governing aspects (6' minimum, outdoors, etc.) of the manner of that free exercise as long as such laws don't prohibit the free exercise.
Of course, I am no authority on the Constitution.
I think it would be wise for government organizations of all levels met with the religious organizations at all levels to encourage self-restriction by the individual churches.
I expect we have the same problem with (Native American) Indian reservations. I don't believe the county or the state has authority to influence behavior in those. I would expect that means that casinos in California could hold tightly packed meetings and gambling. (However, I DO think the state and counties could try to enforce a 2-week isolation after visiting such a situation. Whether that would be feasible is another question.)
Churches & athletics intersect at Lakewood Church in Houston, in the former Compaq Center that used to host the Houston Rockets.