[82 Card]

The constitutional question would arise if the churches are treated differently from comparable non-religious activity so that religion is being picked on. Trump, in his usual inarticulate fashion, tried to make this case by claiming that church service is comparable to a liquor store. While a Marxist might argue that the products are the same, the comparison is inapt in the context of pandemic control. Church services are assembly uses. I don't see why there would be any constitutional problem with placing the same restrictions on church services as are placed on other assembly uses such as theaters, concert halls and lecture halls. I'm not aware of any jurisdictions that allow other assembly uses but prohibit religious assemblies.

I would argue that declaring church services essential, in preference to other assemblies, would be an unconstitutional establishment of religion. I'm pretty sure at least 5 coots on the Supreme Court wouldn't agree with me.

[82 Card]

The constitutional question would arise if the churches are treated differently from comparable non-religious activity so that religion is being picked on. Trump, in his usual inarticulate fashion, tried to make this case by claiming that church service is comparable to a liquor store. While a Marxist might argue that the products are the same, the comparison is inapt in the context of pandemic control. Church services are assembly uses. I don't see why there would be any constitutional problem with placing the same restrictions on church services as are placed on other assembly uses such as theaters, concert halls and lecture halls. I'm not aware of any jurisdictions that allow other assembly uses but prohibit religious assemblies.

I would argue that declaring church services essential, in preference to other assemblies, would be an unconstitutional establishment of religion. I'm pretty sure at least 5 coots on the Supreme Court wouldn't agree with me.