DOJ Joins Mich. Faith-Based Schools' Challenge to Pandemic Remote Learning

The Justice Department is supporting Michigan faith-based schools in their court challenge to Gov. Gretchen Whitmer’s ban on in-person classes in high schools.

The department’s Civil Rights Division filed an argument in favor of three Roman Catholic high schools and the Michigan Association of Non-Public Schools. A federal judge in Kalamazoo will hear arguments Monday.

The filing says schools and families have a constitutional right to practice their religion through in-person instruction. It cites a recent U.S. Supreme Court order that barred New York from enforcing certain restrictions on religious services in areas hit hard by the coronavirus.

Michigan’s health department argues the teaching restriction is necessary to control the spread of the coronavirus, especially after Thanksgiving gatherings.hs since the start of the outbreak.