While Fighting the Coronavirus, Don’t Neglect the First Amendment

April 27 2020

While many houses of worship have closed voluntarily to protect their congregants from the coronavirus, there have been instances of state and local governments compelling them to cease operation. In some of these cases, governments have done so even when the institutions in question were cooperating with social-distancing guidelines; in others it seemed that places of prayer were being singled out for special scrutiny. Michael McConnell and Max Raskin call attention to two tried and true principles that can ensure that public-health measure do not infringe on one of America’s oldest and most cherished freedoms:

First, separation of church and state does not give religious communities immunity from regulation that is necessary for the common good.

The second principle is that the government can regulate religious activity only through what the Supreme Court calls “neutral” and “generally applicable” laws. This means that a government requirement cannot single out religious activity on the ground that it is somehow dispensable or “nonessential.” The government may regulate religious activities no more strictly than it regulates secular activities that present comparable risks. This principle was invoked by Judge Justin Walker of the Western District of Kentucky when he allowed a drive-in Easter service to take place in a church parking lot with cars six feet apart from one another. Noting that Kentucky permitted drive-through liquor stores to continue operating, the court quipped, “if beer is ‘essential,’ so is Easter.”

Third, both sides must seek what the courts call “reasonable accommodations.” . . . Government officials must continue to be vigilant about realistic public-health dangers from religious practice, but they must identify “less restrictive” means for achieving their purposes. For instance, Jewish ritual baths, called mikvahs, are permitted to operate in the tristate area, but are doing so with stricter rules and regulations, including enhanced disinfection and cleaning, and they are visited by appointment only.

Religious leaders and congregations will have to remember that the First Amendment is not an exemption from law applicable to all. And government officials must not forget that religious exercise is at the apex of our national values. Mass is not a football game, a minyan not a cruise. Worship cannot shelter in place indefinitely.

Read more at New York Times

More about: Coronavirus, First Amendment, Freedom of Religion, Mikveh, U.S. Politics

Reasons for Hope about Syria

Yesterday, Israel’s Channel 12 reported that Israeli representatives have been involved in secret talks, brokered by the United Arab Emirates, with their Syrian counterparts about the potential establishment of diplomatic relations between their countries. Even more surprisingly, on Wednesday an Israeli reporter spoke with a senior official from Syria’s information ministry, Ali al-Rifai. The prospect of a member of the Syrian government, or even a private citizen, giving an on-the-record interview to an Israeli journalist was simply unthinkable under the old regime. What’s more, his message was that Damascus seeks peace with other countries in the region, Israel included.

These developments alone should make Israelis sanguine about Donald Trump’s overtures to Syria’s new rulers. Yet the interim president Ahmed al-Sharaa’s jihadist resumé, his connections with Turkey and Qatar, and brutal attacks on minorities by forces aligned with, or part of, his regime remain reasons for skepticism. While recognizing these concerns, Noah Rothman nonetheless makes the case for optimism:

The old Syrian regime was an incubator and exporter of terrorism, as well as an Iranian vassal state. The Assad regime trained, funded, and introduced terrorists into Iraq intent on killing American soldiers. It hosted Iranian terrorist proxies as well as the Russian military and its mercenary cutouts. It was contemptuous of U.S.-backed proscriptions on the use of chemical weapons on the battlefield, necessitating American military intervention—an unavoidable outcome, clearly, given Barack Obama’s desperate efforts to avoid it. It incubated Islamic State as a counterweight against the Western-oriented rebel groups vying to tear that regime down, going so far as to purchase its own oil from the nascent Islamist group.

The Assad regime was an enemy of the United States. The Sharaa regime could yet be a friend to America. . . . Insofar as geopolitics is a zero-sum game, taking Syria off the board for Russia and Iran and adding it to the collection of Western assets would be a triumph. At the very least, it’s worth a shot. Trump deserves credit for taking it.

Read more at National Review

More about: Donald Trump, Israel diplomacy, Syria