Religious Worship & the Rule of Law in Times of Pandemic

Spain & USA

Abstract

As in other countries, the governments of Spain and the United States limited citizen attendance at places of worship by COVID-19. They did so for public health reasons, but without always respecting other fundamental rights that were unilaterally restricted and without the proportionality required in a state governed by the rule of law. In certain cases, religious activities, considered non-essential services, received worse treatment than secular activities at similar risk or even less. Religious denominations and believers were substantially limited in their free exercise of religion without the government being able to prove the existence of a compelling state interest that was not satisfied by other less restrictive means.