Milk, eggs, and a hug from the god

Laurence Tribe and Michael Dorf write about the Supreme Court ruling that puts “religious freedom” ahead of public health:

The Roman Catholic Diocese ruling is also far-reaching in its substance. The unsigned majority opinion decries what it deems discrimination against religion because worship services were subject to capacity limits while some essential business were not. Likewise, Justice Neil Gorsuch complains in a concurrence that under some circumstances, New Yorkers in a hot zone were permitted to crowd into a liquor store or a bike shop but not a church, synagogue or mosque. Justice Brett Kavanaugh registers the same complaint about grocery stores and pet shops.

Those comparisons are inapt. Government discriminates illicitly when it fails to treat like cases alike. One needn’t discount people’s spiritual needs to recognize that liquor stores, bike shops, groceries and pet shops differ from churches, synagogues and mosques with respect to public health. The risk of coronaviral spread is not merely a function of the number of people at a venue; it increases dramatically as they linger in a stationary position, especially when they speak or sing.

Going to a store to get needed supplies is less risky than spending an hour in a crowd inside with praying and singing – even if the supply-getting takes longer than you would like because other people need supplies too.

But another point occurs to me. These religious gatherings in buildings – they’re to get together to talk about and petition and sing about an absent entity. The god isn’t sitting there, wearing robes or scrubs, in the flesh, touchable and smellable and solid. The god is in their heads. Even if you believe in the god you don’t think it’s sitting there among you in the same sense that you and the imam or rabbi or priest are. Religion is all about the unseen – it will say as much itself, while treating it as a virtue. You don’t go to mosque or chapel to pick up supplies you can’t get anywhere else, you go there to pay your respects to the god. In short you’d think it would be the kind of thing believers could easily transfer to another setting when there’s a contagion loose.

Religion is also about getting together, it’s about praising the god with other people, and the fellow believers are a major reason people lean on the institutions…but still, you would think they could go all-spiritual temporarily, to protect the other believers if not themselves.

On the other hand if you think of it as just another front in the great theocratic war, it makes perfect sense.

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