Freedom of Religion/Limitations - Restrictions/Specific limitations
Is this right subject to specific limitations in event of emergency (war, brief natural disaster [weather, earthquake], long-run natural disaster [volcano, fire, disease])? Can such limitations be defined in advance with reference to the disaster in question?
In the United States, certain religious practices have been limited during times of disease. For example, during the COVID-19 pandemic, limitations on free religious exercise have been visibly witnessed, demonstrating how the right is subject to restrictions during a health crisis. This was observed in the beginning of the pandemic, when many houses of worship challenged their closures by state governments, arguing that such actions violated their rights to free religious exercise. Thus, witnessed through the closing of churches as a result of the COVID-19 pandemic, a disaster can alter the Supreme court’s constitutional interpretation of the Free Exercise Clause. The COVID-19 pandemic has caused many governments to limit religious gatherings. For example, at the outset of the pandemic, Maryland banned gatherings of more than ten people, including religious services (Pitts 2020). Terrorism has justified bans on Muslim veils in public places, a restriction on the free exercise of religion. From a 2019 piece by the London Schools of Economics’ Stuti Manchanda and Nilay Saiya: “Proponents of restrictions on Muslim veils make three main arguments. First, they claim that enveloping Islamic veils present a physical security threat, insofar as Muslim women might use these traditional Islamic garments to conceal weapons or explosives. ‘You could carry a rocket launcher under your veil,’ as the former President of Latvia, Vaira Vike-Freiberga, put it. Similarly, Paul Nuttall, former leader of the UK Independence Party, justified banning the burqa on similar physical security grounds: ‘Obviously we have a heightened security risk at the moment and for CCTV to be effective, in an age of heightened terror, you need to be able to see people’s faces.’ Finally, British Prime Minister, Boris Johnson, compared Muslim women in veils to letter boxes and bank robbers.” Israel has restricted Muslim practices to respond to terrorism. In 2017, due to a recent incident, Israel banned Muslim men under 50 from visiting the Western Wall (there is some conflicting reporting as to whether the ban extended to non-Muslim men as well). Israel has similarly restricted other sites during times of tension, such as Jerusalem’s Aqsa mosque (Baker 2017). Given that the Western Wall is a sacred site to Muslims, restricting access should be considered a restriction on Muslim practice. The ban still restricted the ability of people to freely worship even if it extended to non-Muslims. Certain US anti-terror policies, though stopping short of restricting Muslim religious practices, have significantly impacted Muslims. In Response to 9-11, Congress passed the USA Patriot Act. The act’s provisions included those designed to facilitate search warrants on suspected terrorists, enable increased surveillance, and prevent terrorists from exploiting the immigration system. These provisions and post-attack suspicion of Muslims have led law-enforcement agencies to disproportionately target them. A 2006 piece by Xavier University’s Kam C. Wong referred to Muslim-Americans’ situation as a “virtual internment camp” (194). Wong cites staggering data on Muslim-Americans between 2001 and 2005; using conservative estimates, 90,000 had been detained, raided, or questioned by the FBI. Similarly, the NYPD ran a controversial program after 9-11 surveilling Muslims. According to the ACLU, its methods included undercover officers in Muslim communities, tracking individuals who had changed their name, and recording information on people who attended Muslim services. The ACLU even claims that the program interfered with Muslim practice by instilling fear that religious doctrine may be misinterpreted by law enforcement (“Factsheet”). From the report: “The NYPD’s suspicionless surveillance has forced religious leaders to censor what they say to their congregants, for fear anything they say could be taken out of context by police officers or informants. Some religious leaders feel they must regularly record their sermons to defend themselves against potential NYPD mischaracterizations. Disruptions resulting from unlawful NYPD surveillance have also diverted time and resources away from religious education and counseling. Muslims have reported feeling pressure to avoid appearing overtly religious, for example, by changing their dress or the length of their beards.
REFERENCES:
Luke Baker, “Muslim men over 50 pray at Jerusalem's Aqsa mosque amid tight security”, October 31, 2014: https://www.reuters.com/article/us-mideast-palestinians-israel/muslim-men-over-50-pray-at-jerusalems-aqsa-mosque-amid-tight-security-idUSKBN0IK0PR20141031 “Factsheet: The NYPD Muslim Surveillance Program” https://www.aclu.org/other/factsheet-nypd-muslim-surveillance-program
Stuti Manchada and Nilay Saiya, “Why veil restrictions increase the risk of terrorism in Europe,” 12/17/2019: https://blogs.lse.ac.uk/europpblog/2019/12/17/why-veil-restrictions-increase-the-risk-of-terrorism-in-europe/
Jonathan M. Pitts, “Houses of worship ‘in no rush’ to reopen as Maryland eases restrictions on indoor gatherings,” Baltimore Sun, Jun 06, 2020: https://www.baltimoresun.com/coronavirus/bs-md-ci-churches-reopening-20200606-mgrlkn2kdjd77ealcnnu5lmsoe-story.html
Kam C. Wong, The USA Patriot Act: A Policy of Alienation, 12 MICH. J. RACE & L. 161 (2006). Available at: https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1111&context=mjrl