The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent


Justice Department Tweet Warns Against Restrictions That "Single Out Religious Orgs"


From the official U.S. Department of Justice account:

I'm inclined to say that's right as a general matter: (1) Generally applicable social distancing policies can be applied to church gatherings alongside other gatherings, and (2) the Free Exercise Clause forbids "singl[ing] out religious org[anizations]" and gatherings for special burdens that aren't imposed equally on others. But of course, much depends on what exactly counts as singling out; I look forward to seeing what exactly the Justice Department does. In the meantime, I'll have a post later this morning on the substance of the Kansas church shutdown controversy.