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

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

 

How Columbia Failed Its Jewish Students

While it is commendable that administrators of several universities finally called upon police to crack down on violent and disruptive anti-Israel protests, the actions they have taken may be insufficient. At Columbia, demonstrators reestablished their encampment on the main quad after it had been cleared by the police, and the university seems reluctant to use force again. The school also decided to hold classes remotely until the end of the semester. Such moves, whatever their merits, do nothing to fix the factors that allowed campuses to become hotbeds of pro-Hamas activism in the first place. The editors of National Review examine how things go to this point:

Since the 10/7 massacre, Columbia’s Jewish students have been forced to endure routine calls for their execution. It shouldn’t have taken the slaughter, rape, and brutalization of Israeli Jews to expose chants like “Globalize the intifada” and “Death to the Zionist state” as calls for violence, but the university refused to intervene on behalf of its besieged students. When an Israeli student was beaten with a stick outside Columbia’s library, it occasioned little soul-searching from faculty. Indeed, it served only as the impetus to establish an “Anti-Semitism Task Force,” which subsequently expressed “serious concerns” about the university’s commitment to enforcing its codes of conduct against anti-Semitic violators.

But little was done. Indeed, as late as last month the school served as host to speakers who praised the 10/7 attacks and even “hijacking airplanes” as “important tactics that the Palestinian resistance have engaged in.”

The school’s lackadaisical approach created a permission structure to menace and harass Jewish students, and that’s what happened. . . . Now is the time finally to do something about this kind of harassment and associated acts of trespass and disorder. Yale did the right thing when police cleared out an encampment [on Monday]. But Columbia remains a daily reminder of what happens when freaks and haters are allowed to impose their will on campus.

Read more at National Review

More about: Anti-Semitism, Columbia University, Israel on campus