The COVID-19 Pandemic was an unprecedented, once in a hundred year event. A lot of freedoms were taken away in the name of public health, most of which were tolerated by people around the world. However, early in the pandemic, one of the six freedoms of the first amendment, the freedom of religion, was challenged when the government ordered churches to shut down. Like other “nonessential” large gatherings and events, the government placed bans on such events because of the public health emergency. In the past, the Supreme Court upheld laws limiting the free exercise of religion as long as the laws were neutral and applied generally to all such gatherings and activities.
Religious gatherings are very important to many people. When thinking about the eight values of free expression, religion fulfills the value of individual self fulfillment. Free speech through religion allows people to express themselves, find like minded people, and be part of a comforting community during a difficult time.
One challenge to the first amendment was by Calvary Chapel Dayton Valley church in Nevada. The government ordered them, and other churches, to limit services to fifty people or less, while casinos in Nevada could operate at fifty percent capacity, which is much more than fifty people. The churches argued that the rule limiting their first amendment right was not being applied in a neutral and general manner. Church gatherings were being restricted more than other types of gatherings. The court upheld the restrictions because they felt the government had more leeway to take measures to combat the emergency pandemic. Additionally, the court felt that as long as restrictions were applied to some non religious activities, such as theaters, the court had more leeway to restrict first amendment rights in a way that wasn’t neutral and generally applicable, because of the nature of the emergency.
https://www.sidley.com/-/media/publications/2020-covid19-versus-the-first-amendment.pdf?la=en
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