If the government has the ability to suspend rights enumerated in the constitution, that right never existed. Many have argued that in times of extreme circumstances, the government is should be given this ability. President Lincoln, for instance, famously suspended habeas corpus during the Civil War. More recently, many states and cities have suspended the right to assemble in the wake of the COVID outbreak. Several weeks ago, I brought up the notion that even though laws exist to give governments the power to remove certain freedoms in extreme cases (including pandemics), that definitionally negates the right to begin with. Rights exist exactly for extreme times. Government shouldn’t be given the authority to just decide when a situation allows for the suspension of a right.

We used to live in a world of second chances. You make a mistake, say I’m sorry, and try to do better the next time. It could be a big mistake. It could be a little mistake. But either way, we are all taught from a very young age how important it is to be honest, admit your wrongdoing, and try not to let it happen again. Sometimes, the mistake is severe enough to warrant a penalty. When you’re a teenager, a small mistake could get you grounded. As an adult, a large mistake could get you prison time. But either way, showing remorse for your crime could potentially get you a lighter sentence – a shorter prison sentence, or just two weekends of no friends, phone, and internet, and maybe out earlier for good behavior and community service.

Before Pesach, I wrote an article explaining the potential dangers of government overreach during this pandemic and its ramifications on life after the virus has passed. Highlighted in the piece was a threat made by the worst mayor New York City has ever seen, Bill de Blasio, wherein he made the statement that synagogues and churches (not mosques) that choose to remain open will be forcibly shut down, and may even be closed permanently. Now while I am certainly not in favor of houses of worship choosing to stay open at this time, I am certainly not going so far as to abolish the First Amendment to do so.

By now, there are very few shuls remaining open in the northeastern part of the country. Certainly the ones remaining open are doing so in secret. In fact, I can’t imagine that there are many synagogues across the country, and even around the world, that are still open. However, we know that there are. And this issue isn’t exclusive to the Jewish community. Every day, there are stories of not only synagogues, but churches and mosques being found open despite the mass requirement of social distancing. This has resulted in the new formation of “snitch culture,” where members of a community call the authorities to put an end to gatherings within their own communities. Religious leaders are being arrested and prosecuted for holding services – for choosing to disobey orders to remain closed.