n>Ongoing debates over the propriety—and legality—of applying stay-at-home orders to houses of worship have now spilled over into federal courthouses around the country. Churches in California, Kansas, Kentucky, Mississippi, and New Mexico have filed lawsuits alleging that decisions over which institutions do and don’t get to stay open amid the COVID-19 pandemic infringe on religious liberty. By allowing essential institutions to remain open, but shuttering houses of worship, these churches allege that stay-at-home orders impermissibly target religious institutions in violation of the First Amendment. After all, they say, why should liquor stores remain open while churches must remain closed?
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