My fears of Christian Nationalism and Christian Privilege with the
addition Justice Amy Coney Barrett are realized in Roman Catholic Diocese of
Brooklyn v. Cuomo -- a Supreme Court decision issued yesterday. In a 5-4
decision (Thomas, Alito, Gorsuch, Kavanaugh and Barrett in the
majority), the State of New York is enjoined from enforcing its #Covid-19
restrictions against churches based on a moronic interpretation of the
Free Exercise Clause of the First Amendment.
Under Employment Division
v. Smith (1990), "the right of free exercise does not relieve an
individual of the obligation to comply with a 'valid and neutral law of
general applicability on the ground that the law proscribes (or
prescribes) conduct that his religion prescribes (or proscribes).' "
So
what did the gang of Christian nationalists do, they (1) failed to defer
to state health officials with expertise and (2) falsely parsed the
pool of secular comparables (i.e., instead of comparing churches to
theaters, etc. where people are in close proximity for extended periods
of time, the Court majority compared them to retail stores where people
are more spread out and move about -- the former having greater
restrictions, the latter less restrictive).
Essentially, the Supreme
Court has weaponized the Free Exercise Clause to promote Christian
privilege.
By: Robert V. Ritter, Founder, Jefferson Madison Center for Religious Liberty, November 26, 2020