Mass gatherings of 100 or more are banned in Ohio because of coronavirus. So why can people still go to churc – cleveland.com
CLEVELAND, Ohio Sports games, concerts, festivals and parades are all affected by Ohios order banning mass gatherings of 100 or more people to combat the spreading coronavirus.
So why not churches, synagogues, mosques and other religious institutions? What makes a group of worshippers less likely to spread the illness than fans and audience members?
The order, signed Thursday by Health Director Dr. Amy Acton after the state has seen five confirmed cases of the coronavirus, specifically says it does not apply to and/or excludes religious gatherings, gatherings for the purpose of the expression of First Amendment protected speech, weddings and funerals.
In other words, the health director and her boss, Ohio Gov. Mike DeWine, clearly carved out an exception for free speech.
DeWine spokesman Dan Tierney said the governor is a strong supporter of the First Amendment and that religious gatherings clearly fall under that category. He noted that the governor has implored people to use their best judgment about other free-speech-related large gatherings including for two canceled rallies that Democratic presidential candidates were set to hold Tuesday in Cleveland but stopped short of telling the organizers and attendees what to do.
Regardless of how strong the First Amendment is, however, it is not absolute. The government can step in and prevent affected partisan and religious gatherings if it has a legitimate interest in protecting, say, the health of the public.
Andrew Geronimo, a fellow at Case Western Reserve University School of Law that specializes in the First Amendment, said the government would have to show, potentially in court, that it has a compelling reason to ban an event that is not based on the content of the speech itself.
In other words, officials would have to show that they arent taking action because of how a group worships, but rather because its the best way to protect the group and other citizens. While its possible Ohio could successfully make that argument, Geronimo said it appears that the state is being somewhat defensive about the religious rights portion.
Indeed, other states that issued orders regarding events with large groups did not include religious exceptions.
Oregon Gov. Kate Brown issued an order Thursday banning gatherings of 250 people or more. Among the events her order bans are faith-based gatherings.
An order issued in New York that limits mass gatherings also affects houses of worship, according to Syracuse.com.
Instead, DeWine is hoping that worshipers of all faiths, as well as their religious leaders, take his advice and think through whether its necessary to attend a service in person when the risk of catching and spreading the coronavirus is high.
At least some are heeding the governors words. The Diocese of Cleveland announced Thursday that it is canceling Masses scheduled for St. Patricks Day. The cancelations came the same day the Catholic Bishops of Ohio issued a letter that said they dispense their parishioners from attending Sunday Mass for the next three weekends.
Out of charity and concern for our brothers and sisters in Christ, we encourage all the faithful, in particular those who are sick, experiencing symptoms of illness, or are at risk of illness seriously to consider refraining from Mass attendance, the letter reads.
Read more:
Most mass gatherings in Ohio of 100 or more are banned due to coronavirus threat
Ohio Gov. DeWine announces 3-week spring break for Ohio schools to control coronavirus
5th Ohio case is Trumbull County man, 55 : Thursday coronavirus briefing by Gov. Mike DeWine
Ohio Department of Health confirms fifth coronavirus case in state: ODH update
Ohio Gov. Mike DeWine recommends Joe Biden, Bernie Sanders cancel Cleveland rallies to prevent coronavirus spread
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Mass gatherings of 100 or more are banned in Ohio because of coronavirus. So why can people still go to churc - cleveland.com
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