The Transformative Power of Loss: Finding Community and Hope for All


This post by Elizabeth A. Clark, Associate Director of the International Center for Law and Religion Studies, is taken from an address at the final session of the 2020 Religious Freedom Annual Review.

Community and hope seem to be in short supply these days. Initial bursts of national unity in response to COVID-19 outbreaks in the U.S. have become seriously frayed, revealing for many, how splintered American life was even before the pandemic.  Self-isolation and social distancing tear at the heart of community. Is a meaningful community even possible when we are unable to be there for each other at book clubs, weddings, or even funerals?

Hope for many also feels out of reach. As of the end of May, over 100,000 Americans had died from COVID-19, more than in the Vietnam War. A staggering one-third of Americans have experienced high levels of psychological distress during the crisis.[1] Over 40 million Americans have filed for unemployment benefits, the most since the Great Depression and roughly ¼ of the pre-COVID 19 work force.[2] Many who still do work have positions where they are vulnerable to COVID-19 exposure, and yet others struggle with disabilities or family situations that exacerbate the effect of the crisis. (more…)

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The Rule of Law and the Place of Religion: Lessons from the Pandemic

Andrea Pin is Associate Professor of Comparative Public Law, University of Padua, and Senior Fellow at the Center for the Study of Law & Religion Emory University

This post is part of an ongoing Series about Religion and the Rule of Law.

The 2020 pandemic has been a challenge for the rule of law as well as for religions. Perhaps even more importantly and sadly, it has made them clash with each other.

During the pandemic, many states have seen religion as a threat. These states have behaved accordingly, limiting or even preventing many religious practices in ways that go beyond just affecting human rights to even, some might say, overstepping the boundaries between church and state. For example, the Italian Government temporarily permitted temple visits but prohibited religious celebrations, including liturgies such as the Eucharist for Catholics. In other words, it did not simply recommend that religions respect social distancing—it told them and their believers what they could or could not do. This comes at a price—for religions and states alike. (more…)

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Religious Liberty and the Corona Crisis before the German Constitutional Court


Justin Collings 
is Francis R. Kirkham Professor of Law at Brigham Young University J. Reuben Clark Law School and author of 
Democracy’s Guardians: A History of the German Federal Constitutional Court, 1951-2001(Oxford University Press, 2015)

Global lockdowns intended to slow the spread of COVID-19 have raised wrenching questions about religious liberty. Although many faith communities have voluntarily shuttered to combat the plague, many religious people have chafed at regulations that require religious sanctuaries to close while permitting liquor stores to offer their “essential services.” Why, the faithful wonder, is booze more essential than the Sacred Host? Why should rum trump Ramadan? Some believers have expressed their anguish in constitutional challenges. In a pair of noteworthy decisions, the German Federal Constitutional Court has grappled with the tension between public health and religious exercise. In both cases, the Court has charted a pragmatic course through the crisis. (more…)

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