Hands-Off Religion in the Early Months of COVID-19

Samuel J. Levine is Professor of Law and Director of the Jewish Law Institute at the Touro Law Center

For decades, scholars have documented the United States Supreme Court’s “hands-off approach” to questions of religious practice and belief, pursuant to which the Court has repeatedly declared that judges are precluded from making decisions that require evaluating and determining the substance of religious doctrine. At the same time, many scholars have criticized this approach, for a variety of reasons. The early months of the COVID-19 outbreak brought these issues to the forefront, both directly, in disputes over limitations on religious gatherings due to the virus, and indirectly, as the Supreme Court decided important cases turning on religious doctrine. Taken together, judicial rulings and rhetoric in these cases illustrate ways in which the hand-off approach remains, at once, both vibrant and vulnerable to critique.

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The ‘Drive Confession:’ The Care of Souls in a Pandemic

Daniela Tarantino is Lecturer at the University of Genoa, Italy

«These are almost unprecedented times in the longhistory of the Church. Future generations will look upon this time as the long one Lent of 2020». With these words begins the message that the president of the American Bishops’ Conference, Josè Gomez, addressed to all faithful at the beginning of the Easter triduum by announcing for GoodFriday, a day of national prayer to put an end to thepandemic caused by Covid- 19. «This Holy Week will be different. Our churchesmay be closed – concluded Gomez – but Christ isnot quarantined and his Gospel is not in chains.Even if we cannot celebrate together, each of uscan seek God in the tabernacles of our hearts» [1].

In fact, the current pandemic state limits severely gatherings and participation in liturgies and sacramentals. The Catholic Church has worked to find ways and times to answer to the Covid-19 emergency. In order to pursue the salus animarum– according to the “signs of the times” – the forms of exercise of the munera ecclesiae has been adapted, first of all those related to the munus sanctificandi, since they demonstrate the efforts to be close to the people of God, who demands of an ongoing “sociality” m that is wounded by the pandemic [2].

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Attention: Physical Presence for Court and the Catholic Church

Matthew Cavedon is a criminal defense attorney in Gainesville, GA

Moving the world onto Zoom was not as dramatic a break from history as you might think. After all, it’s been 170 years since Marx & Engels wrote that “[a]ll that is solid melts into air.” In many ways, then, moving everything onto actual Wi-Fi is just another blip in a centuries-long trend of airier and airier “modernization”—that is, of more abstraction, of the move away from place and flesh and time into a new world of idea and identity and the instant. Why, then, does it feel so sad? Americans are not handling the COVID-19 pandemic well. A third of us are experiencing stress and anxiety. Why? Shouldn’t we be ready for this next stage of human evolution, away from conference rooms and handshakes and hugs? For at least twenty years, some say, we have all been “chimeras, theorized and fabricated hybrids of machine and organism—in short, cyborgs.” And yet we don’t seem to have assimilated very well.

Two sanctuaries of resistance to the technology trend—the courtroom and the Catholic Church—help explain why we can’t just effortlessly float off into the cloud as a species. Both have only grudgingly gone online in recent months, even as much of the business world breathlessly predicts that couches are the new offices. This is because both are expert in focusing attention. And that requires forming consciousness through the senses in ways that virtual reality does not allow.

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