Defining Religion in the Court
Document Type
Article
Publication Title
First Things
Publication Date
6-1-2023
Abstract
(Excerpt)
Here is a snapshot that captures an increasingly important issue in law and religion in the United States: In August 2021, four parents sued a school district outside Philadelphia for violating the free exercise rights of their children. In response to the Covid-19 pandemic, the district had required all students to wear masks and refused to allow religious exemptions. The parents—from four separate households—argued that covering the face violated their religions, and that the district’s requirement therefore violated the First Amendment.
In one sense, Geerlings v. Tredyffrin/Easttown School District was nothing new. Several lawsuits across the country had claimed, with varying degrees of success, that anti-Covid measures violated the Free Exercise Clause. But the Pennsylvania lawsuit was atypical in one important respect. Unlike the plaintiffs in most cases, who based their objections to anti-Covid measures in the teachings and practices of traditional religious communities—churches and synagogues—the Geerlings parents raised objections that were rather idiosyncratic.
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