Law & Courts

Appeals Court Rules for Religious Schools in Latest Challenge to Pandemic Restrictions

By Mark Walsh — January 03, 2021 2 min read
Image of a courthouse facade.
  • Save to favorites
  • Print

A federal appeals court has granted an injunction to nine religious schools in Ohio that blocks application to them of a recent county order shutting down public and private schools amid a COVID-19 surge.

A unanimous three-judge panel of the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, held that the fact that both public and private schools were included in the Dec. 4 shutdown order of the Toledo-Lucas County, Ohio, health department was not the proper comparison for a neutral, generally applicable pandemic restriction.

The religious schools’ First Amendment right of free exercise of religion was being infringed because many “comparable” secular businesses were allowed to remain open, the court said.

“In Lucas County, the plaintiffs’ schools are closed, while gyms, tanning salons, office buildings, and the Hollywood Casino remain open,” the 6th Circuit panel said in its Dec. 31 order in Monclova Christian Academy v. Toledo-Lucas County Health Department. “The resolution’s restrictions therefore impose greater burdens on the plaintiffs’ conduct than on secular conduct.”

The court said its decision was supported by the U.S. Supreme Court’s Nov. 25 decision in Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, which blocked pandemic-related limits on church attendance in New York state because churches were treated less favorable than “comparable secular facilities.”

The 6th Circuit also relied on a 1993 Supreme Court decision, Church of the Lukumi Babalu Aye v. City of Hialeah, which had invalidated the Florida city’s statutes against animal sacrifice because they targeted practices of the Santeria religion.

The key question in this case, the 6th Circuit said, “is whether we may consider only the secular actors (namely, other schools) regulated by the specific provision here in determining whether the plaintiffs’ schools are treated less favorably than comparable secular actors are.”

“We find no support for that proposition in the relevant Supreme Court case law,” the appellate court said. In Lukumi, the Supreme Court held that “the free exercise clause … ‘protects religious observers against unequal treatment’,” the 6th Circuit noted.

(Legal scholar Josh Blackman has an interesting analysis of the 6th Circuit panel’s discussion of Lukumi in the Ohio schools case in a post at the Volokh Conspiracy website.)

The 6th Circuit panel took note of a Nov. 29 order by another panel of the same court that had refused to exempt a religious school in Kentucky from an order by the governor to shut down in-person learning because of the COVID-19 spike.

Both Kentucky and Ohio are in the 6th Circuit, and the panel in the new ruling involving Ohio said “we have no quarrel” with the earlier panel’s ruling that the Kentucky order did not violate the free-exercise rights of a religious school in that state because both public and private schools were closed. The panel in the Ohio case suggested that the Kentucky case had not squarely presented the issue of whether religious schools were comparable to secular businesses when it came to pandemic restrictions.

(The Supreme Court on Dec. 17 denied emergency relief to the Kentucky religious school, saying that the imminent expiration of the governor’s closure order and the holiday break counseled against granting the school’s request at this time.)

The Toledo-Lucas County school shutdown order was scheduled to expire on Jan. 11. There was no immediate word on whether the county planned to appeal the 6th Circuit order.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
Artificial Intelligence K-12 Essentials Forum How AI Use Is Expanding in K-12 Schools
Join this free virtual event to explore how AI technology is—and is not—improving K-12 teaching and learning.
Federal Webinar Navigating the Rapid Pace of Education Policy Change: Your Questions, Answered
Join this free webinar to gain an understanding of key education policy developments affecting K-12 schools.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court to Weigh Discrimination Standard for Some Special Education Cases
The U.S. Supreme Court will consider what legal standard must be met for proving discrimination against students with disabilities.
9 min read
The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024.
The U.S. Supreme Court as seen on Dec. 17, 2024. The court will hear arguments on April 28 in a case about the legal standard for discrimination for two federal disability-rights laws and how they play out in schools.
J. Scott Applewhite/AP
Law & Courts Trump Can't Enforce Anti-DEI Directives in Schools, 3 Judges Say
Three judges, including two Trump appointees, said the administration had overstepped its authority in its efforts to rid schools of DEI.
7 min read
Sarah Hinger (center), deputy director of the ACLU Racial Justice Program, takes questions from reporters after oral arguments in a lawsuit in the U.S. District Court of New Hampshire seeking to block the Trump administration from requiring public schools to end DEI programs on April 17, 2025.
Sarah Hinger (center), deputy director of the ACLU racial justice program, takes questions from reporters after oral arguments in a lawsuit in the U.S. District Court of New Hampshire seeking to block the Trump administration from requiring public schools to end DEI programs on April 17, 2025. Two federal judges on Thursday issued orders limiting the Trump administration's ability to enforce its anti-DEI directives to schools and colleges.
Courtesy of Ethan DeWitt/New Hampshire Bulletin
Law & Courts Supreme Court Leans Toward Parents on Opt-Outs for LGBTQ+ Lessons
The U.S. Supreme Court took up a case on whether religious parents may remove their children from public school lessons on LGBTQ+ topics.
6 min read
A selection of books featuring LGBTQ characters that are part of a Supreme Court case are pictured, Tuesday, April, 15, 2025, in Washington.
A selection of books featuring LGBTQ+ characters that are part of a U.S. Supreme Court case are pictured on April, 15, 2025, in Washington.
Pablo Martinez Monsivais/AP
Law & Courts Supreme Court Faces Big Test on Religious Students' Opt-Outs From LGBTQ+ Books
The justices will weigh whether a school district must allow parents with religious objections to LGBTQ+ books to excuse their children.
9 min read
Jeff Roman works on homework with his son.
Jeff Roman, a parent who has religious concerns about LGBTQ+ storybooks used in the Montgomery County, Md., school district, works on homework with his son.
Courtesy of Becket Fund for Religious Liberty