7th Circuit: COVID-19 Order Exempting Religious Services Is Valid

Religion Clause ^ | 9/4/20 | Howard Friedman

[marshmallow]

In Illinois Republican Party v. Pritzker, (7th Cir., Sept. 3, 2020), the U.S. 7th Circuit Court of Appeals rejected arguments by the Illinois Republican Party that Illinois Governor J.B. Pritzker's COVD-19 Order limiting gatherings (including political gatherings) to 50 people is unconstitutional because there is an exemption from the limit for religious services. The court, denying a preliminary injunction, said in part:

A careful look at the Supreme Court’s Religion Clause cases, coupled with the fact that EO43 is designed to give greater leeway to the exercise of religion, convinces us that the speech that accompanies religious exercise has a privileged position under the First Amendment, and that EO43 permissibly accommodates religious activities....

Because the exercise of religion involves more than simple speech, the equivalency urged on us by the Republicans between political speech and religious exercise is a false one.... Free exercise of religion enjoys express constitutional protection, and the Governor was entitled to carve out some room for religion, even while he declined to do so for other activities.

[Unam Sanctam]

Why are Republicans objecting to a rule allowing greater freedom for religious practice?

[Paul R.]

Because the rule is onerous regarding political speech / gatherings. The Republicans were, as I understand it, argueing that political speech is a Constitutionally protected activity, similar to religious practice (a protected activity).

[Revel]

Confused.

[truthkeeper]

I don’t get it either.

[stylin19a]

me too especially this:
Free exercise of religion enjoys express constitutional protection, and the Governor was entitled to carve out some room for religion, even while he declined to do so for other activities.

"express constitutional protection" should be end of discussion.

[mrsmith]

Because they wanted more freedom for business.
Not as bad as it looks.

Seems there’s now different circuit opinions that the SC would have to sort out.

[SERKIT]

Ill-Annoy basically has no functioning GOP. Those who call themselves Republican are often aligned with Speaker Madigan and public unions. Some are spineless, and very few are really conservative. Some former GOP leaders helped finance and run JB “Commodious Maximus” Pritzker’s Gubernatorial campaign, and some are backing Sean Casten (spit) instead of Jeanne Ives. It’s a royal mess.