Monday, April 13, 2020

Remarkable Free Exercise/Pandemic Opinion

I am not assigning this case. Just sharing it with you because it is the most remarkable religious liberty opinion I have ever read. I would gladly join in this opinion.

In this case, a local church was forbidden by the mayor of Louisville, Kentucky from attending Sunday services "even if they remained in their cars--and even though it's Easter." Although the city ordered the church not to have a drive-in service (where people remain in their cars in the church parking lot), it allowed drive-through shopping at liquor stores and restaurants. An interesting Lukumi fact pattern.

Federal District Judge Justin Walker issued a TRO enjoining Louisville from enforcing "any prohibition on drive-in church services at On Fire." The opinion explaining the injunction is remarkable. Some will hate it; some will love it. It is the strongest judicial defense of religious liberty as a fundamental human right I have ever read. I wish I had written it!

Here is a link: On Fire Christian Center v. Fischer

I love so much of this opinion, but especially this line, as Judge Walker explains the spirit of the Pilgrims: "The Pilgrims understood at least this much: No place, not even the unknown, is worse than any place whose state forbids the exercise of your sincerely held religious beliefs."

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