Religious Exemptions to Public Health Protections

Beginning in 2021, in the context of the COVID-19 pandemic, state legislatures considered more than 50 bills that limit the ability of states to restrict religious organizations when they pass emergency orders to protect public health. As shown in this map, these religious exemption bills were passed into law in at least 8 states. These exemptions risk public health and safety, including that of individuals who belong to affected religious organizations, in order to privilege certain religious beliefs.

These laws vary significantly. Some allow in-person gathering so long as other rules are followed, while others completely eliminate the ability of the state to enforce public health rules on religious organizations. Generally, these laws: 1) directly create exemptions for religious organizations in the statutes authorizing emergency orders; 2) impose a requirement similar to a Religious Freedom Restoration Act (RFRA) pertaining to these orders, meaning that the state cannot burden the religious exercise of these organizations unless it meets a very difficult test; or 3) create false equivalency with secular organizations, so that if any secular organization is not subject to a rule (such as a hospital or grocery store being allowed to remain open), then churches must be exempted as well. 

In a few states, lawmakers passed sweeping exemptions that shield religious organizations from civil and criminal liability, potentially even outside the context of public health emergencies. These laws are exceptionally dangerous as they could result in religious organizations, including schools, hospitals, and others, never being held accountable for wrongs they commit. It remains to be seen how courts will apply such broad exemptions.