984 F.3d 477
6th Cir.2020Background
- On Nov. 25, 2020 the Toledo–Lucas County Health Department issued Resolution No. 2020.11.189 closing all schools for grades 7–12 from Dec. 4, 2020 to Jan. 11, 2021 to slow COVID-19 spread.
- Nine Christian schools (three individually, six in a coalition) sued, alleging the closure burdens their religious exercise because in-person schooling is integral to their faith and daily worship/teaching practices.
- Plaintiffs allege they employed strict COVID mitigations and the Department acknowledged “little in‑school transmission” before the closure.
- Many secular entities in Ohio (gyms, tanning salons, offices, and Hollywood Casino) remained open under statewide policy, creating a disparity in treatment between parochial schools and comparable secular activities.
- The district court denied preliminary injunctive relief; the schools appealed and the Sixth Circuit granted an injunction pending appeal, holding the Resolution likely violated the Free Exercise Clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Resolution burdens religious exercise | Schools: in‑person schooling is infused with religious observance and communal worship, so closure burdens religion | Dept: resolution allows religious classes/ceremonies, so it does not burden religion | Court: closure does burden religious exercise (crediting schools’ factual representations) |
| Whether the Resolution is of general application / treats comparable secular conduct equally | Schools: other secular activities that present comparable or greater COVID risk remain open, so schools are treated worse | Dept: only schools can be closed under its statutory authority; or comparators are not similarly regulated | Court: not generally applicable—statewide policy leaves secular comparators open; strict scrutiny applies and Dept failed to justify the disparate treatment; injunction granted |
Key Cases Cited
- Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993) (laws not neutral or not generally applicable face strict scrutiny to protect religious observers from unequal treatment)
- Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63 (2020) (restrictions on religious gatherings invalid where comparable secular activities are treated more favorably)
- Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014) (court accepts sincere religious‑exercise claims when evaluating Free Exercise protections)
- Employment Division v. Smith, 494 U.S. 872 (1990) (framework addressing neutrality and general applicability of laws burdening religion)
- Kentucky ex rel. Danville Christian Academy, Inc. v. Beshear, 981 F.3d 505 (6th Cir. 2020) (upholding school‑closure order where considered within its four corners)
- Roberts v. Neace, 958 F.3d 409 (6th Cir. 2020) (factors governing injunctions pending appeal)