The Constitutionality of Providing Public Funds for U.S. Houses of Worship during the Coronavirus
Round 1
Reviewer 1 Report
This is an outstanding piece of scholarship on a very significant and topical issue. While I am not on expert on charities law in the United States, I learned a great deal from the way in which the author has examined the First Amendment and its application in this area of law during the pandemic. The article is very well written and a pleasure to read, and I learned a lot.
I have one suggestion, about which the author may exercise a discretion as to whether to adopt: Justice Kavanaugh's dissent in Calvary Chapel Dayton Valley v Steve Sisolak, Governor of Nevada, et al <https://www.supremecourt.gov/opinions/19pdf/19a1070_08l1.pdf> provides what I have found to be a very helpful summary of the way in which the Court's religion precedents are applied. The author may find that a useful point to note. As I say, though, it is merely a suggestion which the author may or may not adopt, as a matter of discretion left to the author.
Author Response
Generally think there is no law in a dissent. This dissent is different because it suggests a possible evolution in the doctrine especially in light of a new Justice expected to share Justice Kavanaugh’s views on the First Amendment. I will add a reference to Justice Kavanaugh’s dissent in the paper as indicating that the US Supreme Court may be further developing the relevant law. Thank you.
Reviewer 2 Report
The author may want to discuss the cases involving alleged discriminatory treatment of religious houses of worship and schools in greater detail
Author Response
The cases alleging discrimination against house of worship and schools with respect to the response to COVID are different to be sure from the theme of my paper. However, I have added references to a more scholarly treatment of the issue to the introduction, as well as a greater use of the cases discussing discrimination in the final substantive section of the paper. Thank you.
