Following my previous comments on the operation of Public Health Orders (PHO’s) in NSW on churches and religion groups (most recently here), this post reports on the latest amendment to the rules, which commenced operation today, Friday 24 July. The Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) Amendment Order (No 2) 2020 made the relevant changes. There is a link here which may be most helpful, however, as it is the consolidated PHO including all the latest amendments (“PHO4”). In short, in light of fears about the rise in coronavirus cases in Victoria and an increasing number of local cases in NSW, the rules around church gatherings have now been tightened once again.
The approach of the official end of the judicial term in the US Supreme Court has seen a number of important law and religion-related decisions handed down in the last week. We have seen decisions relating to access to abortion; to whether the US government can require religious bodies to fund abortion and contraception; to the provision of state funds for religious schools; and to the question of whether discrimination law can be applied to teachers of religion at religious schools. (And all of those are in addition to the other recent major decision in Bostock on sexual orientation and gender identity discrimination, which I have noted previously.)
Each of the four cases here would warrant (and no doubt will produce) detailed academic commentary. But here I will simply flag the case and the general outlines of the reasoning for those who want to read more.