Monkeys typing wrote:
As I understand it, the decisive issue is that NY had explicit rules for church gatherings. Had they, for instance, prohibited gatherings of more than 10 people outside of a household across the board, a religious discrimination legal argument would be hard to make.
The flip side is the state's intent was to provide clear guidance on various activities relating to public health which is a good thing. I don't believe there was any clear religious discrimination intent and the Supreme Court decision comes at a cost to public health. The problem is that religious liberty is an explicitly protected constitutional right and public health concerns aren't.
Religious services pose greater risks than places like bike shops or grocery stores because large groups are together for a considerable period of time and they speak and sing in close proximity. But they are treated far more favorably than movie theaters, concert venues, and sporting arenas which are subject to complete shutdown.
Since I am not religious, I don't understand why physically meeting is so essential to one's faith. It's not like they would be relegated to Zoom meetings for the rest of their lives.
It reminds me of people on this board who insist that running on a treadmill is not running, and they would rather run in six inches snow or 100 degree heat. The only difference is that running in six inches snow or 100 degrees heat only endangers one's health. Holding superspreader events endangers other people's lives. If someone would rather die than having a virtual religious service through Zoom, that's their prerogative. But I wouldn't want to be killed by their decision.