Texas: Religious schools can ignore local health officials on the coronavirus

[denem]

Source: Washington Post,

Religious schools in Texas, where coronavirus rates have been spiking for weeks, do not have to follow any coronavirus-related health restrictions that local governments may impose on educational institutions because, the state’s attorney general said, it could impede the free exercise of religion.

In a July 17 letter, Texas Attorney General Ken Paxton said that it would be unconstitutional to force religious schools to follow recommendations of health authorities about reopening schools during the pandemic, and he said they may decide for themselves “when it is safe for their communities to resume in-person instruction free from any government mandate or interference.”

“Religious private schools therefore need not comply with local public health orders to the contrary,” he wrote.

Read more: https://www.washingtonpost.com/education/2020/07/20/texas-religious-schools-can-ignore-local-health-officials-coronavirus/

[soothsayer]

1. Even if they say no?

[Laelth]

2. Interesting argument. It has some merit.

I don’t like what Paxton is doing, but our First Amendment is real, and it is a double-edged sword. If challenged, this should make for an interesting test case.

-Laelth

[SledDriver]

9. Interesting for sure

Has this ever been addressed? With regard to public health, where does one person's right to freely worship their sky god end and another person's right to not be infected begin?

[Laelth]

11. Not to my knowledge.

Not in the context of a religious objection to a state-mandated public health directive.



-Laelth

[Sucha NastyWoman]

40. Sort of

Private and religious colleges also aren’t forced to allow campus carry. So apparently 2nd amendment rights trump the rights of state supported cooeges and universities to keep students safe, which is a health issue in my book, especially in a country that tries so hard to ignore mental illness.

[Yeehah]

10. Public health laws have nothing to do with religion

The First Amendment doesn't even apply here, and Paxton is a goddamned corrupt idiot appeasing the fundie base.

[Laelth]

14. We'll see what the Courts say about that.

If this matter ever goes to Court.

-Laelth

[LastDemocratInSC]

20. Are the kitchens in churches subject to inspections?

[Laelth]

25. Try another perspective.

What happens when the AG says kitchens in religious facilities are not open for inspection, while the local health department says they must be inspected for public safety? That’s what we have here. The churches aren’t even in this fight. It’s a conflict between two, opposing government entities.

If this goes to Court, it will make for an interesting test case.

-Laelth

[Yeehah]

21. They already have.

Any law that applies equally to religious groups and other groups does not implicate the First Amendment.

[Laelth]

22. But that's not the situation we have here.

Here, we have one law from the AG, and one law from a local governing body that are in conflict. Who wins? If this dilemma is addressed, some Court will give us some initial guidance.

We’ll see.

-Laelth

[pnwmom]

28. A directive from the AG is NOT a law. He isn't allowed just to overrule a law

that has already been supported by a Supreme Court decision.

[Laelth]

30. The AG enforces the law.

If he says he’s not going to enforce a given law, that law is ineffectual and effectively overturned.

-Laelth

[pnwmom]

32. What if the AG said he wasn't going to enforce the law against child murder

because some religious cult decided that innocent children should be sacrificed in order to save the world from God's wrath?

Logically, it would be the same thing.

[Laelth]

35. Yes. You're right. It IS the same thing.

And here we are. If the AG refuses to enforce a given law, it’s not a law.

Now what? The Courts have to get involved; that’s what. As I said from the beginning, this should be an interesting case if it goes to Court.

-Laelth

[Yeehah]

34. Well, the health law that applies to religious schools is clearly constitutional

The governor's order is probably unconstitutional as it violates Equal Protection.

I hope that issue does go to court!

[Laelth]

36. Hmm.

I am not sure that I want this issue litigated in the Texas Courts. I will probably be displeased by the outcome.

“Interesting” is not necessarily “good.”

-Laelth

[Yeehah]

38. Anytime there is a question of constitutional law

the case can go directly to a US District Court. But a lot of times, the federal judge is a good old boy too.

[Laelth]

39. Exactly.

And Trump has appointed A LOT of District Court judges.

-Laelth

[Srkdqltr]

3. Cool!

So religious school kids are not worth the protection that public school students get? OK

[cyndensco]

4. God will protect them.

[DENVERPOPS]

13. LOL....good one

My parents told me that I gave up on my "imaginary companion" when I was about three.......

How about you??????????

[cyndensco]

17. My mother leaves everything in God's Hands.

She said it recently about the Coronavirus. I cringed.

Fortunately she is taking the necessary precautions against the virus - but if she slips......

[DENVERPOPS]

19. My favorite of all their sayings is:

Whenever there is a tragedy or something comes out wrong, they all say: "The Lord Works in Mysterious Ways......."

Whenever I screwed up or did something bad, my old man used to say:
You better give your heart to God, because I'm gonna have your ass........LOL

[Initech]

5. Stop giving people outs on this!

Either we're all in this, or nobody is in this. But giving certain groups exemptions is going to set an extremely dangerous precedent.

[Evolve Dammit]

24. Exactly. This is a major bone for the religious right, and a middle finger to the rest of us. So

very consistent with enormous implications. It is going to rage on.

[yuiyoshida]

6. I wonder if they will stop when the law suits come in, there will be a lot of

sick and dying people from that event... especially if they don't wear a mask, or social distance...they are as good as on their way to what ever is in the afterlife....

[pnwmom]

29. Don't forget they're trying to give businesses immunity from lawsuits. nt

[bucolic_frolic]

7. Protecting kids with religion instead of science

How does this differ from parents who refuse to get chemo for their child sick with cancer?

Haven't courts addressed such issues already? A few high profile cases?

If the state wishes to protect religion and citizens' right to practice it as they choose, what is so bad about using the state to ensure the citizens survive a pandemic so they have some parishoners to practice religion after the pandemic?

This wall they've built around religion is ridiculous. You can't tax them, but they take our tax dollars for their schools, and can limit your medical options. Why can't a state return the favor if it is to protect people?

[rurallib]

18. I thought this had been pretty much addressed also

I am not a lawyer, but I thought public health had been upheld in court rulings.

What is really a problem is that their spread of the virus will not remain within their little religious group. An exemption like that is a hole a virus could drive a semi through killing a lot of innocent people in the process.

[JT45242]

8. Then return EVERY government dollar they ever received

I am so sick of this. These SOB's want to be free from government interference when it suits them, but want to siphon money from public schools.

If you want to play by your own rules, then pay your own damn way.

If you get $1 from Title 1 funds for books. Then you have to play by the rules. You take Title 2 funds for PD. Then you must abide by the rules. etc.

Let's be clear that these schools are primarily to make certain that white kids do not go to school with people of color. They don't pay taxes but they leach off the public schools.

The founders were very clear -- no laws to either help or harm religious institutions. they should sink or swim on their own. So, no more tax dollars to these charlatans.

[BlueIdaho]

12. Correction - Christian Schools...

Your headline is correct but we all know this carve out is intended for Bible bangers.

[duforsure]

15. Isn't that discrimination because of religion?

By bypassing public school virus regulations , which is a national and State health crisis issue, why do they get preferences? Critical health issues should apply to all equally , and override everything else, or that's discrimination. Maybe churches needs to start paying taxes too.

[DBoon]

16. So if my religion requires the sacrifice of republican governors to stop a plague

am I immune to prosecution as well?

[BumRushDaShow]

23. So if a particular religious sect requires a human sacrifice as one of their tenets

then no "law" can be established to impede their "First Amendment" rights for doing such?

[diva77]

26. K&R for exposure.

Spread the gospel! Spread the virus!

[Freethinker65]

27. So religion can trump all public health issues, not just women's health issues

The religious have right to inflict suffering on everyone. Isn't that special.

[Yeehah]

31. Self-delete n/t

[tanyev]

33. They gonna paint the lintels with GOYA sofrito so the Angel of Covid will pass over?

[NickB79]

37. A few outbreaks and their enrollment will plummet

And with it their cash flow.

Any religious school that decides to open against recommendations is putting their fiscal future in jeopardy. Even if they manage to avoid deaths, gravely ill children and family in ICU's will wreck them.