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  • Constitutional constraints ...
    Harvard Law Review

    Harvard law review, 03/2021, Letnik: 134, Številka: 5
    Journal Article

    Religious freedom is a fragile thing. Though "one of our most treasured and jealously guarded constitutional rights," in times of crisis it can sometimes seem "too extravagant to endure." The novel coronavirus (COVID-19) pandemic of 2020 proved to be such a crisis. In crafting restrictions to protect public health, many state and local governments placed religious organizations on equal footing with their secular peers. Others, however, did not, and religious believers disfavored under state policies were quick to bring constitutional challenges. Pointing to what they saw as analogous secular activities receiving more favorable treatment, challengers asked whether the First Amendment allowed states to favor shopping malls, casinos, or acupuncture facilities over worship services.