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- Title
COVID-19, FREE EXERCISE, AND MOST FAVORED NATION STATUS.
- Authors
Strasser, Mark
- Abstract
Commentators and some Justices suggest that religious activity is accorded a kind of Most Favored Nation status under #ee exercise guarantees-ifa statutory exception is made for a relevantly similar secular activity. tben an exception must also be made for religious activity. Sucb an approach would require a careful consideration of wbicb secular activities were relevantly similar to religious activities to warrant protecting tbe latter. But tbe Most Favored Nation approach involves a miscbaracterization of the past jurisprudence. Furtber, as is evidenced in the COVID cases, tbe U.S. Supreme Court does not engage in a nuanced consideration of wbicb activities are relevantly similar. misapplying the overly protective approach tbat it bas invented. Given the great diversity of religious belief and practice in our country. it will be impossible to apply this Most Favored Nation status across all religious beliefs and practices, wbicb will mean tbat tbe courts will have to pick and choose which religious practices to protect. The Court's current approach cannot belp but undermine religious fteedom and respect for the Court.
- Subjects
MOST favored nation clause; SECULARISM; COVID-19 pandemic; FAITH; NORMAL trade relations; FREEDOM of religion
- Publication
Lewis & Clark Law Review, 2023, Vol 27, Issue 1, p1
- ISSN
1557-6582
- Publication type
Article