Michael de Leeuw and Tamar Wise contributed an article to The National Law Journal discussing the constitutional limits on infringements on religious gatherings. They explain how prior to May 29, there were multiple challenges in the United States to executive orders that affected religious gatherings. Analyzing very similar restrictions from different states, different courts of appeal reached very different conclusions. Some, like the Sixth Circuit, applied strict scrutiny and made clear that they would strike down restrictions. Others, like the Seventh Circuit, found the restrictions neutral because they treated comparable activities in a comparable manner.
To read the full article, click here.