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

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 What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judges Strike Down Trump Admin.'s Student Loan Forgiveness Overhaul
Two judges sided with advocates who said the program risked becoming a tool for political retribution.
3 min read
In this May 5, 2018, file photo, graduates at the University of Toledo commencement ceremony in Toledo, Ohio.
Graduates at the University of Toledo commencement ceremony in Toledo, Ohio, on May 5, 2018. Two judges have ruled against the Trump administration's overhaul of a public service loan forgiveness program for which teachers have qualified.
Carlos Osorio/AP
Law & Courts Supreme Court Upholds Birthright Citizenship, Rejecting Trump's Proposed Limits
The justices relied on the 14th Amendment and federal law to rule that anyone born in the U.S. is a citizen.
4 min read
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The Supreme Court justices will take the bench Monday, July 1, 2024, to release their last few opinions of the term, including their most closely watched case: whether former President Donald Trump has immunity from criminal prosecution.
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito, and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The high court, on June 30, 2026, rejected President Donald Trump's executive order on birthright citizenship.
J. Scott Applewhite/AP
Law & Courts States Can Ban Transgender Athletes, Supreme Court Decides
The court ruled that state bans in Idaho and West Virginia don’t violate the Constitution or Title IX.
3 min read
People advocate for a ban on transgender women and girls participating in women's and girls' sports outside the U.S. Supreme Court building as the court announced decisions in Washington, on June 29, 2026.
People advocate for a ban on transgender women and girls participating in women's and girls' sports outside the U.S. Supreme Court building as the court announced decisions in Washington, on June 29, 2026. The Supreme Court ruled on June 30, 2026, that states may enforce laws restricting transgender athletes’ participation on girls’ and women’s sports teams.
Francis Chung/Politico via AP