Skip to main content

ETHNOS_APP

Home • Search • Journals • List 0

Law, Religion, and the Covid-19 Crisis

Bibliographic Data

ID20385353
AuthorsMark L Movsesian (Whitney Museum of American Art, corresponding author)
Year2022
Volume37
Issue1
Pages9-24
Publication date2022-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueJournal of Law and Religion (JOURNAL)
Journal identifiersISSN: 0748-0814 • E-ISSN: 2163-3088
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/jlr.2021.82
OpenAlexW4210417040
LanguageEN
Citations received3
References cited3

This essay explores judicial responses to legal restrictions on worship during the COVID-19 pandemic and draws two lessons, one comparative and one relating specifically to U.S. law. As a comparative matter, courts across the globe have approached the problem in essentially the same way, through intuition and balancing. This has been the case regardless of what formal test applies, the proportionality test outside the United States, which expressly calls for judges to weigh the relative costs and benefits of a restriction, or the Employment Division v. Smith test inside the United States, which rejects judicial line-drawing and balancing in favor of predictable results. Judges have reached different conclusions about the legality of restrictions, of course, but doctrinal nuances have made little apparent difference. With respect to the United States specifically, the pandemic has revealed deep divisions about religion and religious freedom, among other things—divisions that have inevitably influenced judicial attitudes toward restrictions on worship. The COVID-19 crisis has revealed a cultural and political rift that makes consensual resolution of conflicts over religious freedom problematic, and perhaps impossible, even during a once-in-a-century pandemic

Balancing test · Globe · Law and economics · Political science · Principle of legality · Sociology · Supreme court · Worship · American Constitutional Law and Politics · Law · Psychology · Torture, Ethics, and Law · War, Ethics, and Justification

  • Religion, State, and the Fragility of Democracy

    Open Access•M Christian Green•Journal of Law and Religion•2022

  • Did Religious Freedom Exacerbate Covid-19? A Global Analysis

    Open Access•Nilay Saiya, Stuti Manchanda et al.•Journal of Religion and Health•2023

  • Covid-19 and Christian Faith-Based Organizations in Great Britain

    Open Access•Paul Gareth Weller•Religions•2024

Unique citing works3
Citations per year0.75
Citation span2022 - 2024 (3)
Citation velocityrecent
Highly citedNo
Citation typesNeutral: 3

Tools

Open DOIOpen Access
Ethnos_APP • Open Source Project • MIT License • Frontend v2.0.0 • Privacy and Cookies • API Documentation: api.ethnos.app/docs • API Source Code: GitHub • DOI: 10.5281/zenodo.17049435 • Frontend Source Code: GitHub • DOI: 10.5281/zenodo.17050053 • cruz.rio.br • Expectantes Misericordiae