The Sixth Circuit rejected the health department’s discriminatory ban in light of the Supreme Court’s decision granting an injunction for churches and synagogues in New York in Roman Catholic Diocese of Brooklyn v. Cuomo and Agudath Israel v. Cuomo.
In that case, the High Court held unequivocally that COVID-19 restrictions “cannot be viewed as neutral because they single out houses of worship for especially harsh treatment.”
The court also noted that the schools employed “strict social distancing and hygiene standards” and that “little in-school transmission has been documented” and the resolution treats the schools less favorably than it does “comparable secular facilities.”
“Providing religious education is a core part of the religious freedom protected by the First Amendment, and the Toledo County Health Department’s resolution plainly burdens such freedom,” said Liberty Counsel Founder and Chairman Mat Staver. “This is another win for religious freedom as a result of the Supreme Court’s ruling in favor of synagogues and churches.”